Page No.# 1/3 GAHC010176652026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2376/2026 FAROOQ AHMED ALIAS FAROOQ ISLAM ALIAS FARUK ISLAM S/O ABDUL GAFUR, R/O VILL MANSIRI, PS TEZPUR, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MR. A TARAFDAR,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 10.09.2026 Heard Mr. A. W. Aman, learned counsel for the accused and Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita (BNSS), 2023, is preferred by accused, namely, Farooq Ahmed @ Farooq Islam @ Faruk Islam, who has been languishing in jail hajot since 21.07.2026, in connection with Tezpur P.S. Case No. 434/2026, under Sections 108/131/336(3)/3(5) of the BNS, 2023; for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Aklima Khatun, on 21.07.2026. The essence of allegation in the FIR, dated 21.07.2026, is that on 20.07.2026, the husband of the informant, namely, Jahed Ali, committed suicide in the house of one Abdul Gafur, and on enquiry, the informant came to know that on account of subjecting a female student to sexual assault at Arabic Residential Girls’ Madrasa, on 13.07.2026, some villagers had subjected her husband to physical and mental torture. Thereafter, when the informant and her husband appeared at the Madrasa to face the guardian of the victim female student, the people assembled at the Madrasa assaulted them. Thereafter, apprehending arrest by police, her husband spent the night in the house of Abdul Gafur and on the following day, her husband was found hanging in the house of said Abdul Gafur. And a suicide note was recovered beneath the pillow of the bed, allegedly written by some other person. 4. Mr. Aman, learned counsel for the accused submits that the accused has been languishing in jail hajot for the last 52 days and as such, further custodial detention of the accused may not be warranted in the interest of investigation and that the offence is 60 days offence, and therefore, he has contended to allow this application. 5. Mr. Barthakur, learned APP for the State respondent, by producing the case Page No.# 3/3 diary before this Court, submits that in view of the progress achieved by the investigating officer in the investigation of the case, further custodial detention of the accused may not be warranted in the interest of investigation. 6. Accordingly, taking note of the submission of the learned counsel for both the parties and also considering the progress of investigation as well as the length of detention of the accused in jail hajot, this Court is inclined to allow this application. 7. It is provided that on furnishing a bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Tezpur, the accused shall be enlarged on bail. 8. In terms of the above, this bail application stands disposed of. 9. Case diary be returned. JUDGE Comparing Assistant