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2026 DAILYLAW 12998 (GAU)

ABUL HUSSAIN ALIAS ABDUL HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2435/2026 · 2026-08-24

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010180282026 2026:GAU-AS:12202 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2435/2026 ABUL HUSSAIN ALIAS ABDUL HUSSAIN S/O ABDUL MANIK, R/O VILLAGE - BAGON, P.S. - SRIBHUMI, DISTRICT - SRIBHUMI, ASSAM, PIN 788712 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, STATE OF ASSAM. Advocate for the Petitioner : MR. S K TALUKDAR, K G CHOWDHURY,MS. M PAUL,MR. S ISLAM,MR. J M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.08.2026 Heard Mr S K Talukdar, learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner has prayed for bail in connection with Sribhumi PS Case No. 75/2026, corresponding to Sessions Case No. 112/2026, under Section 80 (2) of the BNS, 2023 Page No.# 2/3 3. The First Information Report in connection with which the petitioner was arrested, was lodged by the father of the victim on 01.04.2026, before the In-Charge of Longai Police Patrol Post, stating inter alia, that his daughter was tortured after her marriage with the petitioner, i.e., accused No. 1 in the said FIR and that dowry was demanded from her. It is further alleged that on the instructions given by the petitioner, the father of the petitioner dropped his daughter in front of the house by stating that she should return only after she brings the dowry money. It is also alleged that on 24.03.2026, at 01:40 pm, the accused No. 1, i.e., the petitioner made a phone call to his daughter and scolded her over phone and pressurized her to bring dowry money from her father’s house and that being unable to bear the torture, it is alleged that the victim entered the store-room and locked it from inside and upon search being made, the father and other family members went to the store-room and broke open the door and found that her daughter had hanged herself. It is further alleged that the victim was taken to the hospital and she was declared dead. 4. The learned counsel for the petitioner submits that the petitioner and the victim got married on 06.08.2025, and, thereafter, the petitioner in search of employment, went to Bangalore and his wife went to her father’s house during his absence. He further submits that the story narrated in the FIR is a concocted one it cannot be believed that the phone call given by the accused No. 1, i.e., the petitioner to his wife, had forced his wife to commit suicide. He further submits that the Police has completed the investigation and the charge sheet was submitted only against the petitioner and his mother, and that the Police had discharged the father as well as other relatives of the petitioner. He also submits that the mother of the petitioner was enlarged on bail by the Trial Court itself. 5. On the other hand, Mr B Sarma, learned Additional Public Prosecutor for the State, submits that the allegations are writ large in the FIR about demand for dowry as well as the phone call made by the petitioner to his wife, wherein the wife was abused and was forced to bring the dowry money Page No.# 3/3 5. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that the father of the petitioner was discharged, who was stated to have dropped the victim at her place on the day before she committed suicide and also the fact that on the phone call made by the petitioner, it cannot be discerned that the victim would commit suicide, and further, in view of the fact that the petitioner is behind the bars since 79 days, this Court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/-, with one local surety of the like amount to the satisfaction of the learned Additional Sessions Judge, Sribhumi, under the following conditions:- i) the petitioner shall appear before the Investigating Officer or the Court, as and when called for. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer/concerned Court. 7. Bail Application stands disposed of. JUDGE Comparing Assistant