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2026 DAILYLAW 13711 (GAU)

FURKAN ALI v. STATE OF ASSAM

Bail Appln./2250/2026 · 2026-09-06

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010165162026 2026:GAU-AS:12924 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2250/2026 FURKAN ALI S/O RAMJAN ALI, R/O VILL JUGIJAN GAON, BILLAKANDI, PO AND PS JAMUNAMUKH, DIST HOJAI, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA,MS. S NISHA SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 07.09.2026 Heard Mr. T. Laskar, learned counsel appearing for the accused-applicants. Also heard Mr. K. Baishya, learned Addl. P.P., representing the State respondent. 2. This application under Section 483 of the BNSS, 2023, for grant of regular bail to the accused/applicant in connection with Jamunamukh P.S. Case No. 21/2026, Page No.# 2/3 registered under Sections 103/118(2)/3(5) of the BNS, 2023. 3. An FIR was lodged on 09.06.2026 by one Md. Tajir Uddin Laskar before the Officer-in-Charge, Jamunamukh Police Station, alleging, inter alia that on 09.06.2026 at about 7:30 PM, when his father went to the field for inspecting the cattle, accompanied by one Habibur Rahman, Md. Ajmal Uddin and Nur Ahmed, the accused persons named in the FIR assaulted his father and other accompanying persons with sharp weapons, spears, etc. It is alleged that accused No. 1, namely Mainuddin alias Masta, stabbed his father in the abdomen with a sharp dagger. Due to such assault, his father succumbed to the injuries. 4. On receipt of the FIR, police registered Jamunamukh P.S. Case No. 21/2026 under the aforesaid sections. 5. The learned counsel appearing for the accused/applicant submits that the accused/applicant has been behind bars for the last 87 days and is not the person who inflicted any injury on the informant's father or the other persons accompanying him. He submits that the incident occurred due to certain land disputes and, being so, he happened to be present when the assault occurred. However, he is in no way connected to any physical attack on the informant's father or the other accompanying persons. He submits that taking into account his long detention behind bars, this Court should grant bail to the accused/applicant at this stage. 6. Mr. K. Baishya, the learned Addl. PP, on the other hand, submits that the accused/applicant was in fact involved in the assault and helped the other accused persons commit the offence. Therefore, at this stage, the accused/applicant should not be granted bail. 7. The CD in the instant case has been received and perused. 8. After taking into consideration the submissions made by the counsel Page No.# 3/3 appearing for the respective parties, as well as the fact of detention of the accused/applicant for 87 days, 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 shall be released from jail immediately on furnishing a bail bond of Rs. 30,000/- with a surety of like nature to the satisfaction of the Chief Judicial Magistrate, Hojai, subject to the following conditions: - 1. That the accused-applicant shall fully cooperate with the investigation and make themselves available as and when called for by the Investigating Officer (I.O.); 2. 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 them from disclosing such facts to the Court or police. 3. The accused-applicant shall not try to tamper with the trial in whatsoever manner. 9. In terms of the above directions, this bail application is disposed of accordingly. JUDGE Comparing Assistant