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2026 DAILYLAW 14806 (GAU)

ASKAR ALI ALIAS MD ASKAR ALI v. THE STATE OF ASSAM

Bail Appln./2744/2026 · 2026-09-21

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010200582026 2026:GAU-AS:13985 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2744/2026 ASKAR ALI ALIAS MD ASKAR ALI SON OFABDUL RAHIM, R/O- NO. 1 JAMBARI, P.S. BOK, DISTRICT KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR A K AZAD, A M RAHMAN,MR A K KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 22.09.2026 Heard Mr. A. K. Azad, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Jalukbari PS Case No. 294/2026, registered under Sections 311 of BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner was arrested, was lodged on 31.07.2026, by one Mahesh Ch. Bhuyan, stating inter alia that on the same night, at around 02:00 am, some miscreants entered into his house and stole cash as well as other articles and had injured the informant as well as his caretaker. The learned counsel for the petitioner, submits that the name of the petitioner did not find mentioned in the FIR and that during investigation the police had arrested few accused persons by seeing in the CCTV footage installed in nearby areas and one of the accused person had taken the name of the one, Tara Miya, who had taken the name of the petitioner, that he is also involved in the FIR. The learned counsel submits that the petitioner was arrested only on the basis of the statement of the co-accused and that, he has been inside the jail for the last 45 days. 4. Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State, however submits that, the offence narrated in the FIR is very serious and that, the Case Diary be called in order to see the complicity of the petitioner and he submits that, the bail may not be granted to the petitioner at this stage. 5. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that the arrested accused person had named, one co-accused and that co-accused had named the petitioner, showing the complicity of the petitioner very far-fetched, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount of the satisfaction of the CJM, Kamrup (M) under the following conditions: (i) The petitioner shall positively appear before the Page No.# 3/3 Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 6. The Bail Applications stands disposed of. JUDGE Comparing Assistant