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2026 DAILYLAW 12761 (GAU)

MOHIBUL HOQUE CHOUDHURY v. THE STATE OF ASSAM

Bail Appln./2342/2026 · 2026-08-17

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010172032026 2026:GAU-AS:11746 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2342/2026 MOHIBUL HOQUE CHOUDHURY S/O MONIRUL HOQUE CHOUDHURY, R/O VILL TENGNABHITA, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,MR. A TARAFDAR,MD A RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.08.2026 Heard Mr. A.W. Aman, learned counsel appearing for the accused applicant and Ms. S. H. Borah, learned Addl. PP for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused applicant in connection with Fakiragram P.S. Case No. 26/2026 registered under Sections 305 (a)/324(4) of BNS, 2023 and added Section 317 (4) of the BNSS, 2023. 3. An FIR was lodged on 01.07.2026 by one Nabajyoti Saikia, Branch Head of Assam Gramin Bank, Chithila Branch before the Officer-in-Charge, Chithila Police Station alleging inter alia that on 29.06.2026 at about 10.00 AM, when he and the other staff members entered the bank after the holiday, they found some unknown persons had unauthorizedly entered the Branch premises through the back door during the holiday. It is alleged that the miscreants had entered the premises by breaking the rear grill lock as well as the door lock and had attempted to break the cash vault but failed to do so. It was also alleged that some documents had been displaced from their proper place, two Godrej locks were found broken and the CCTV DVR was found missing. 4. The learned counsel appearing for the accused applicant submits that the accused applicant is not involved in the alleged offence and he has been arrested only on the basis of suspicion. He submits that the accused applicant has already spent 47 days behind the bar. He further submitted that some of the co-accused have already been granted bail by the learned Sessions Judge, Kokrajar. In view of the aforesaid, he Page No.# 3/3 submits that the accused applicant should be granted bail, at this stage. 5. Ms. S. H. Borah, learned Addl. PP opposes the prayer for grant of bail to the accused applicant stating that the investigation is still under progress in the instant case. 6. Taking into account the factual position and the period of detention already undergone by the accused applicant, this Court is of the considered opinion that the accused applicant should be granted bail, at this stage. Accordingly, it is directed that the accused applicant, namely, Mohibul Hoque Choudhury shall be released on bail on furnishing a bail bond of Rs.20,000/- with a suitable surety of like nature to the satisfaction of the learned CJM, Kokrajar subject to the following conditions:- (i). that the accused applicant shall co-operate with the investigation and shall make himself available as and when called for; and (ii). that the accused applicant shall not try to tamper or hamper with the investigation in any manner, whatsoever. 7. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant