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2026 DAILYLAW 15002 (GAU)

ISLAM UDDIN AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./2883/2026 · 2026-09-22

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010207772026 2026:GAU-AS:14140 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2883/2026 ISLAM UDDIN AND 2 ORS. SON OF KHAIBAR ALI RESIDENT OF NO 4 BARUAJHAR BECHIMARI MANGALDOI POLICE STATION DALGAON DISTRICT DARRANG ASSAM 2: SAHIDUL ISLAM SON OF HAKIMUDDIN RESIDENT OF RUHINIKASH POLICE STATION DALGAON DISTRICT DARRANG ASSAM 3: ABDUL LATIF ALIAS LATIF HUSSAIN SON OF NUR MAHAMMAD RESIDENT OF DAIPAM POLICE STATION DALGAON DISTRICT DARRANG ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MS. F B CHOUDHURY,MISS. P M AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 23.09.2026 Heard Mr. A Ahmed, learned counsel for the petitioners. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023, praying for the grant of bail to the petitioners, namely, Islam Uddin, Sahidul Islam and Abdul Latif @ Latif Hussain, who were arrested on 07.07.2026, in connection with Tinsukia P.S. Case No. 156/2026 under Sections 303(2)/305(c)/317(4)/61(2)/112(2)/3(5) of the BNS, read with Section 3(2)(b) of the Prevention of Public Property Act, 1984, read with Section 15(2)/15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act, 2011. 3. The learned counsel for the petitioners has drawn the attention of this Court to the FIR and to the orders passed by the learned Remand Magistrate, wherein it is reflected that the petitioners are the driver and conductor, and that some condensate oil was loaded into a night super bus. 4. The learned counsel for the petitioners has submitted that the petitioners have been behind bars for 77 days. As per the forwarding report, there are also other persons involved, and the petitioners, are the drivers and the conductor of the Night Super bus. Accordingly, the petitioners submit that they would participate in the investigation and cooperate with the same if granted the privilege of bail by this Court. 5. The co-accused in the case has been granted bail at the motion stage vide Page No.# 3/3 order dated 25.08.2026 in Bail Appln. 2438/2026. 6. The petitioners have been in detention for 77 days, whereas the statutory period of detention is 60 days. 7. Having regard to the aforesaid period of detention and the nature of the offence, the prayer for bail is allowed. 8. Accordingly, the petitioners shall be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned CJM, Tinsukia. 9. The learned CJM shall be at liberty to impose such conditions as may be deemed necessary to ensure the participation of the petitioners in the ongoing investigation process. 10. The petitioners shall not leave the jurisdiction without prior permission of the learned CJM. 11. The bail petition is accordingly disposed of. JUDGE Comparing Assistant