Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 12702 (GAU)

SALIM UDDIN CHOUDHURY v. THE STATE OF ASSAM

Bail Appln./2245/2026 · 2026-08-16

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010165242026 2026:GAU-AS:11674 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2245/2026 SALIM UDDIN CHOUDHURY SON OF LATE BASIR UDDIN, RESIDENT OF VILLAGE NEAR TAX GATE, LAHORIJAN, POST OFFICE LAHORIJAN, POLICE STATION KHATKHATI, DISTRICT- KARBI ANGLONG, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. P K MUNIR, MR. A. GAYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17.08.2026 Heard Mr. P. K. Munir, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, praying for grant of bail to the accused applicant in connection with Khatkhati P.S. Case No.74/2026, registered under Sections 329(3)/76/118(2)/3(5) of the BNS, 2023. 3. An FIR was lodged on 09.06.2026 by one Abdul Kalam before the Officer- in-Charge, Khatkhati Police Station, alleging, inter alia, that on 09.06.2026, at about 11:00 a.m., while the informant was working in his garden along with a helper, the accused persons named in the FIR obstructed him from carrying out the cleaning work. When the informant asked the accused No. 1 about the reason for such obstruction, the accused No. 1 instead of answering allegedly became aggressive, pushed the informant to the ground and assaulted him. When the informant’s wife intervened to rescue him, the other two accused persons allegedly assaulted her and tore her clothes. It is further alleged that the accused No. 2 attacked the informant with a dao on his face, as a result of which two of his upper teeth were broken and four teeth in his lower jaw became loose. 4. On receipt of the FIR, the police registered Khatkhati P.S. Case No.74/202 under the aforementioned section. 5. It is submitted by the learned counsel for the accused-applicant that the accused-applicant did not cause any injury to the informant. He further submits that the accused applicant has already been in custody for the last 68 days and, taking into consideration the period of detention already undergone by him, he may be enlarged on bail. 6. Case Diary has been produced and the same is perused. 7. On the other hand, Mr. R. J. Baruah, learned Addl. P.P., opposes the prayer for bail to the accused applicant at this stage. Page No.# 3/3 8. Taking into consideration the aforesaid facts and, as well as the fact that the accused applicant has already remained in custody for 68 days, this Court is of the opinion that the accused applicant should be granted bail at this stage. 9. Accordingly, it is directed that the accused applicant shall be released on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like nature to the satisfaction of the Sub-Divisional Judicial Magistrate, Bokajan, Karbi Anglong, subject to the following conditions: i. That the accused applicant shall cooperate with the investigation and make himself available as and when called for; ii. That the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer; and iii. That the accused applicant shall not try to hamper or tamper with the investigation in any manner whatsoever. 10. In view of the aforesaid directions, the instant bail application stands disposed of. 11. Case Diary to be returned. JUDGE Comparing Assistant