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2026 DAILYLAW 14018 (GAU)

MONUWAR HOSSAIN ALIES MONOWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2383/2026 · 2026-09-07

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010175712026 2026:GAU-AS:13057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2383/2026 MONUWAR HOSSAIN ALIES MONOWAR HUSSAIN S/O LATE JASIR UDDIN DEBATTAR HASDAHA PT - V, GAURIPUR, GOLAKGANJ, P.S - GAURIPUR, DIST - DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P, ASSAM Advocate for the Petitioner : MR KUTUB ALI, I AMIN,MD S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 08.09.2026 Heard Mr S Ali, learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Bharalumukh PS Case No. 112/2026, under Section 304(2) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner was arrested, Page No.# 2/3 and has been incarcerated for the last 31 days, was lodged on 16th of July, 2026, alleging inter alia, that on 16th of July, 2026, at around 12:30 pm, two unknown persons coming in a bike had snatched her gold chain from her neck. She also stated that on raising hue and cry, one person riding an Activa bike chased the snatchers, but the snatchers fled away by leaving the bike near the railway line. 4. The learned counsel for the petitioner submits that the petitioner was arrested on flimsy grounds and there are no incriminating materials found against him that he is involved in snatching the gold chain of the victim. 5. Mr B Sarma, the learned Additional Public Prosecutor for the State, further, submits that during investigation, the Police had found out the main accused, namely, Suraj Kumar, and by way of detecting phone calls from the main accused and the wife of the petitioner, the petitioner was found as involved in the said offence. 5. Upon consideration of the submissions made by the learned counsel for all the parties, and, more so, in view of the fact that petitioner is implicated only based on the cell phone of the main accused being found in the possession of the petitioner, the petitioner being arrested, 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 CJM, Kamrup (Metro), under the following conditions:- i) the petitioner shall appear before the Investigating Officer 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. 7. Bail Application stands disposed of. Page No.# 3/3 8. Send back the Case Diary. JUDGE Comparing Assistant