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2026 DAILYLAW 13892 (GAU)

MANE ALI v. THE STATE OF ASSAM

Bail Appln./1292/2026 · 2026-09-06

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010095662026 2026:GAU-AS:12980 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1292/2026 MANE ALI S/O ANSER ALI R/O DHARMASALA PART-I,P.S. DHUBRI, PIN-783324, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, B AHMED,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 07.09.2026 Heard Mr S Rahman, learned counsel for the petitioners. Also heard Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Sessions Case No. 22/2026, under Sections 117(2)/103(1)/3(5) of the BNS, 2023, which is pending before the Court of learned Sessions Judge, Dhubri, corresponding to Dhubri PS Case No. 399/2025. Page No.# 2/3 3. The First Information Report in connection with which the petitioner was arrested and he is behind the bars for the last 11 months, was lodged by the wife of the deceased on 06.10.2025, alleging inter alia, that initially there was a fight between two brothers, i.e., the petitioner and his own brother and during the quarrel, the deceased, who is the uncle of the petitioner went to stop the fight, but when the wife of the petitioner handed over a weapon to the petitioner, the petitioner hit the stomach of his uncle, i.e., the deceased. The petitioner is also alleged to have hit his brother’s head with the same weapon. The informant further stated that her husband was taken to the hospital and during the treatment, he expired. 4. The learned counsel for the petitioner submits that the petitioner had stayed for 11 months in the jail and that the trial is going on and out of 9 (nine) total witnesses to be examined, 6 (six) witnesses were already examined. He submits that due to long incarceration and there being no chances of tampering with the evidence, the petitioner be released on bail. 4. Mr R J Baruah, the learned Additional Public Prosecutor for the State, on perusal of the records, submits that the petitioner had stabbed on the stomach of his own uncle, who had come to the place of occurrence to stop the fight. He also submits that the Post- Mortem Report shows that the deceased died due to the said stab injury and he also submits that the trial is at the fag end and that bail may not be considered at this stage. 5. Upon consideration of the submissions made by the learned counsel for all the parties, this Court finds as follows:- The complicity of the petitioner was clearly stated in the FIR and that the Post- Mortem Report also shows that the deceased died due to the stab injury given by the petitioner. Further, it is also seen that the trial is at the fag end. It is further seen that the deceased is the own uncle of the petitioner, who had come to stop the fight amongst the brothers and instead of listening to the uncle, the petitioner had stabbed on the stomach of his own uncle. Page No.# 3/3 6. As such, at this stage, this bail application is rejected. JUDGE Comparing Assistant