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2026 DAILYLAW 14423 (GAU)

MAIDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2362/2026 · 2026-09-14

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010174062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2362/2026 MAIDUL ISLAM S/O MAFIZUDDIN AHMED VILL. BILLESWAR, P.O. BELSOR, P.S. BELSOR, DISTRICT NALBARI, ASSAM, PIN-781304. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, MR ARJU IKBAL,MD. K ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.09.2026 Heard Mr. SK SN Mohammad, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for bail in connection with Nalbari P.S. Case No. 54/2026 registered under Section 103(1)/238 of BNS, Page No.# 2/3 2023. The FIR in connection with which the petitioner was arrested was lodged on 30.03.2026 by the father of the victim stating inter alia that the victim was married to the FIR named accused namely Chahedur Rahman and that out of the wedlock, the victim and the accused person had a 9 year old son. It was stated by the father of the victim that since the day of the marriage, the husband of the victim used to physically and mentally torture his daughter and that on 28.03.2026 at around 08:30 am, the husband of the victim came to his house, left his grandson and told him that the victim was missing. It is further stated that two days later i.e. on 30.03.2026, the informant came to know that the dead body of his daughter was found floating in a pond. The informant further stated that the body was recovered and injury marks were found on the same. 3. The learned Counsel for the petitioner submits that the petitioner is no way connected with the death of the victim although he stated that he knew the victim and that victim used to share her problems with him. The learned Counsel further submits that on the day of occurrence, the petitioner was in Guwahati. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State, on perusal of the Case Diary submits that investigation revealed that there was an illicit relationship between the petitioner and the victim and that the petitioner used to ask money from the victim by blackmailing her which the victim gave him by taking a loan. He also submits that the call details records revealed that there were frequent phone calls between the petitioner and the victim. He further submits that two letters were recovered from the house of the victim, which were sent for examination to the forensic science laboratory and which is yet to be received and that post mortem report also reveals that there were Page No.# 3/3 injuries on the body of the victim and that the victim died by drowning. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the complicity of the petitioner seems far-fetched in the offence at hand and also due to the fact that the petitioner was inside the jail for 39 days, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Nalbari, under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant