Page No.# 1/3 GAHC010012912026 2026:GAU-AS:1651 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./221/2026 MD MAHMAD ALI ALIAS MAHAM ALI S/O- LATE SUBHED ALI R/O- VILL SONAPUR RESERVE GAON P.S- BIHPURIA DIST- LAKHIMPUR ASSAM PIN-784161. IN JUDICIAL CUSTODY SINCE 20.12.2025 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM ------------ Advocate for : MR. J HATIMURIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 09-02-2026 Heard Mr. M. Kalita, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State. 2. This is an application filed under Section 483 BNSS, 2023 praying for grant of bail to the petitioner, namely, Md. Mahmad Ali @ Maham Ali who has been arrested Page No.# 2/3 in connection with North Lakhimpur P.S. Case No. 431/2025 under Sections 61(2)/316(2)/318(2) of the BNS, 2023. 3. It is submitted by Mr. Borthakur, learned Addl. PP that the case diary is not yet received as it is informed by the I.O. that the case diary is lying before the Court of learned CJM, Lakhimpur, North Lakhimpur in connection with some other cases. 4. It is submitted by Mr. Kalita, learned counsel that the present petitioner is innocent and he is no way connected with the alleged offence. However, the petitioner is in custody since last 51 days and hence considering his period of detention, he may be released on bail. The petitioner will extend his cooperation in the further investigation of the case if he is granted with the privilege of bail. 5. It is further submitted by Mr. Kalita, learned counsel that, the present petitioner is in custody since last 51 days and thus, the I.O. got sufficient opportunity to interrogate him keeping him in custody and thus, further custodial interrogation may not be required for the purpose of investigation of the case. 6. Mr. Borthakur, learned Addl. PP submitted in this regard that he is not in a position to submit much about the merit of the case but from the forwarding report and other materials available on record it is seen that the petitioner is also involved in the alleged offence. He further submitted that the case is still under investigation and there is no probability of submitting the charge sheet within next 4-5 days. 7. Considering the submission of the learned counsel for both sides, without going into the details of the merit of the case, only considering the length of detention undergone by the petitioner, I find it a fit case to extent the privilege of bail to the accused/petitioner. 8. Accordingly, the accused/petitioner, namely, Md. Mahmad Ali @ Maham Ali be released on bail in connection with North Lakhimpur P.S. Case No. 431/2025 under Sections 61(2)/316(2)/318(2) of the BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) only, with one surety of like amount to the Page No.# 3/3 satisfaction of the learned CJM, Lakhimpur, North Lakhimpur, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner 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/her from disclosing such facts to the Court or to any police officer. 9. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant