Page No.# 1/5 GAHC010284602025 2026:GAU-AS:803 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4137/2025 EASIN ALI @ YASIN ALI AND 7 ORS. S/O EKTIAR UDDIN R/O VILL- KUPATIMARI, P.S. BUWAGAON, DIST. MORIGAON, ASSAM 2: IBRAHIM ALI S/O EKTIAR UDDIN R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 3: INSAN ALI S/O EKTIAR UDDIN R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 4: ELIAS UDDIN S/O EKTIAR UDDIN R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 5: IKRAMUL ALI S/O EKTIAR UDDIN R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 6: ENAMUL HQUE @ INAMUL HOQUE S/O EKTIAR UDDIN Page No.# 2/5 R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 7: JUBAHIR UDDIN @ MD. JUBAIR ALOM S/O IBRAHIM ALI R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSAM 8: SADDAM HUSSAIN S/O LT. SAHJAHAN BADSHA R/O VILL- KUPATIMARI P.S. BUWAGAON DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MS R DEKA,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, MS. K VERMA BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR O R D E R 22.01.2026 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. S. S. Ahmed for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the respondent State. Page No.# 3/5 2. This application has been preferred under section 483 of the BNSS, 2023 seeking regular bail to the accused petitioners, namely, (1) Easin Ali @ Yasin Ali, (2) Ibrahim Ali, (3) Insan Ali, (4) Elias Uddin, (5) Ikramul Ali, (6) Enamul Hque @ Inamul Hoque, (7) Jubahir Uddin @ Md. Jubair Alom and (8) Saddam Hussain in connection with Sessions Case No. 154/2025 arising out of Buragaon P.S. Case No. 49/2025 under section 61(2)/103(1)/118(2)/109 of BNS, 2023. 3. The learned senior counsel Mr. H.R.A. Choudhury has drawn the attention of this Court to the notice under section 47 BNSS served upon the petitioner's herein, to contend that the same are cryptic without any description and are insufficient to suffice the requirements of the notice as required under law to be served upon the arrested person. 4. Drawing our attention to the notices under Section 48 of the BNSS, purported to have been served upon the family members/relatives/friends of the petitioners, The learned senior counsel has again asserted that the same are insufficient to give any idea to the family members/relatives/friends of the arrested person enough information to arrange for the defence of the arrested person at the time of productions before the learned Remand Magistrate. 5. The learned Additional Public Prosecutor has submitted that both the notices under section 47 and 48 of the BNSS refer to the P.S. Case No. and also are explicit enough to inform the arrested person and his friends/family/relatives as nominated that he has been arrested as he was involved in a conspiracy of murder and assault of the victims and he has been arrested as he was directly involved in the case as per the statement of independent witnesses. 6. We have perused the notices and we have also applied our mind to see as to whether the notices would suffice the requirements of the rigors of section 47 and 48 of BNSS. Page No.# 4/5 7. We are constrained to observe that save and accept cite the case numbers against which the petitioners were arrested, the information given as the grounds of arrest cannot suffice the requirements as laid down by the Hon’ble Apex Court in the case of Ahmed Mansoor & Ors. vs. the State represented by Assistant Commissioner of Police reported in 2025 Live Law (SC) 2026. 8. It is apparent that the grounds of arrest, as communicated to the arrested person and his friends, family, or relatives, contain no details of the evidence relied by the investigating officer and are devoid of particulars regarding the person allegedly murdered or the victims who were assaulted. 9. The learned Additional Public Prosecutor has drawn our attention to the case of The State of Karnataka vs. Darshan, reported as 2025 Supreme (SC) 1201 where at paragraph 20.1.6 the Apex Court had observed that mere reliance on an alleged procedural lapse would not be a determining factor while overlooking the gravity of offence under section 302 IPC and the existence of a primafacie case for otherwise. In the present case the facts differ to the extent that the notices herein do not even divulge the details of the person allegedly murdered or the details of any of the victims who were allegedly assaulted or the nature of the evidence which is available against the accused arrested persons. 10. In view of the above, this Court does not have any other alternative but to hold that the arrested persons or their friends, relatives or family were not given sufficient information as required under the law and therefore, the continued detention of the arrested persons are rendered illegal. 11. Accordingly, it is provided that the accused petitioners, namely, (1) Easin Ali @ Yasin Ali, (2) Ibrahim Ali, (3) Insan Ali, (4) Elias Uddin, (5) Ikramul Ali, (6) Enamul Hque @ Inamul Hoque, (7) Jubahir Uddin @ Md. Jubair Alom and (8) Saddam Hussain Nurul Hoque shall be released on bail of Rs.50,000/- each (Rupees Fifty Page No.# 5/5 Thousand) with one surety of like amount to the satisfaction of learned Sessions Judge, Morigaon subject to the following conditions- i) The petitioners 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 him from disclosing such facts to the Court. ii) The petitioners shall refrain from such activities with which they are alleged, iii) The petitioners shall not leave the jurisdiction of the Court without prior permission, and iv) The petitioners shall appear before the Investigating Officer every fortnight till completion of investigation. 12. The learned Sessions Judge, Morigaon shall be at liberty to impose such other conditions upon the petitioners while accepting the bail bond. 13. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant