Page No.# 1/3 GAHC010176992026 2026:GAU-AS:14120 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2404/2026 MONJUR AHMED S/O- SULEMAN ALI R/O VILL-BECHIMARI PS-DOLGAON DIST-DARANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K THAKUR, MR D MEDHI,MR. A HUDA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 23.09.2026 Heard Mr D Medhi, learned counsel for the petitioner. Also heard Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner has prayed for bail in connection with Moirabari PS Case No. 70/2026, registered under Sections 85/124(1) and 3(5) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner was arrested Page No.# 2/3 and put behind the bars since the last 75 days, was lodged by the informant herself stating, inter alia, that she got married with the petitioner about 2 (two) years ago and that the petitioner had physically and mentally tortured her after the marriage. She also stated that unable to tolerate the torture, she went to her father’s house and that on 05.07.2026, the petitioner went to her father’s house and wanted to bring her back to his house to which she refused and that in the morning, on the next date the petitioner again went to her house and threw acid on her and that she sustained burn injuries on her body. 4. The learned counsel for the petitioner submits that the victim in her statement before the Magistrate recorded under Section 183 of the CrPC, stated that after she was married to the petitioner, the petitioner went to Kerala for his work and that she had given a divorce notice to him. She further stated that the petitioner on coming back to her house, there was a quarrel and the petitioner had thrown acid on her face, hands and legs. He submits that admittedly, there was no torture in view of the fact that the petitioner had stayed at Kerala, away from her. He also submits that the petitioner was inside the jail for the last 76 days and that the charge sheet was submitted and the trial is on. 5. On the other hand, Mr R J Baruah, learned Additional Public Prosecutor for the State, on perusal of the Case Diary, submits that acid was actually thrown by the petitioner upon the victim’s body and that the injury report shows that she has burn injuries on her legs and that the injuries were grievous. He submits that no bail should be granted at this stage, at least till the victim is examined by the Trial Court. He also submits that the charges are also not framed against the petitioner till date, by the Trial Court. 6. Upon consideration of the submissions made by the learned counsels, more so, on the contradictions in the statements of the victim in the FIR as well as in her statement before Magistrate and also there being no injuries on the face and hands of the victim, this Court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. Page No.# 3/3 20,000/-, with one local surety of the like amount to the satisfaction of the learned District and Sessions Judge, Morigaon, under the following conditions:- i) the petitioner shall appear before the concerned Court, as and when called for, and cooperate with the investigation;. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer/concerned Court; and iii) the petitioner should not approach or go near the victim at any point of time and if it seen that he had gone near the victim, then the bail will be amenable for cancellation. 7. It is, however, made clear that on violation of any of the conditions mentioned above, the bail granted to the petitioner shall automatically stand cancelled. 8. Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant