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2026 DAILYLAW 11863 (GAU)

BAHARUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1693/2026 · 2026-08-04

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010127712026 2026:GAU-AS:10952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1693/2026 BAHARUL ISLAM S/O LATE ALAUDDIN, VILLAGE-JORSIMULI MARKET, P.S. CHHAYGAON, DISTRICT-KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR. S K TALUKDAR,MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.08 . 2026 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State as well as Mr. Amir Hussain, learned counsel for the informant. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Baharul Islam, who was arrested on 30.05.2026 seeking Page No.# 2/3 bail in connection with Goroimari P.S. Case No.27/2026 registered under Sections 329(3)/ 118(2)/ 109/ 3(5) of BNS, 2023. 3. The allegation pertains to assault committeed upon the sons of the informant by the petitioner resulting in serious injuries. 4. The petitioner has been granted interim protection on the basis of an affidavit that was stated to have been sworn by one Chayad Ali Bhuyan/ informant wherein it is stated that the present petitioner is not involved in the alleged offence. 5. Case Diary as called for is received along with injury report. 6. The informant has submitted objection in a connected application i.e, AB/1388/2026, stating that the thumb impression of the informant was obtained on the said affidavit by practicing fraud by one Aayub Ali, son of Bandu Sheikh by stating that apart from the FIR already lodged, certain additional papers are required to be signed for submission of the same before the police and the Court. It is further stated that believing such representation of Aayub Ali to be genuine, the applicant accompanied Aayub Ali to Amingaon and by taking advantage of distressed mental state of the informant, the said Aayub Ali obtained the thump impressions of the informant on several papers including certain blank papers which was not read over to the informant. 7. The learned Additional P.P on perusal of the CD along with the injury report submits that the statements of the injured witnesses clearly reveals the role of the petitioner along with other accused persons and overt act has been attributed to them in assaulting and causing grievous injuries upon the vital part of the body of the victim by sharp weapon and thereby causing grievous injuries. Page No.# 3/3 8. Having regards to the material available in the CD and the stand of the informant the prayer for bail stands rejected. The order of interim bail dated 21.07.2026 stands vacated and the petitioner is directed to surrender before the learned CJM Kamrup (M), Amingaon, within a period of 7 days from today. 9. Bail petition stands dismissed. 10. Send back the CD. JUDGE Comparing Assistant