Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 15260 (GAU)

MASHUK HUSSAIN v. THE STATE OF ASSAM

Bail Appln./3009/2026 · 2026-09-28

Shamima Jahan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010214332026 2026:GAU-AS:14484 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3009/2026 MASHUK HUSSAIN S/O- JAIDUL HUSSAIN, VILL- ISLAM NAGAR, P.S.- HOJAI, DIST.- HOJAI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MR. S. BORGOHAIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, MR. M J GOGOI(INFORMANT),SAMIM RAHMAN(INFORMANT),A MISHRA(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 29.09.2026 1. Heard Mr. M.I. Hussain, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam assisted by Mr. A. Mishra, learned counsel appearing for the informant. 2. By this application the petitioner has prayed for bail in connection with Page No.# 2/3 Hojai P.S. Case No. 209 of 2026 registered under Sections 117(2)/118(2)/109(1)/191(2) of the BNS, 2023. 3. The FIR in connection with which the petitioner was arrested on 17.09.2026, was lodged by the father of the victims stating inter alia that while his sons along with some others were returning after selling their agricultural produce the accused persons including the petitioner as named in the FIR attacked them on the road and assaulted them, as a result of which both the sons sustained severe injuries. It is further stated that the condition of one of the sons is critical. 4. I have heard the learned counsel for all the parties and upon consideration of the case of the petitioner, this Court finds that no specific allegation has been made against the petitioner although nine accused persons have been named in the FIR. 5. Mr. B. Sharma, learned APP on the other hand submits that upon examination of the CCTV camera footage, the presence of the petitioner at the place of occurrence is established, however, the specific act committed by the petitioner is not discernible from the footage. 6. In view of the above, this Court is inclined to enlarge the petitioner on bail upon furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned CJM, Hojai subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as and when called for, (ii) The petitioner shall not hamper or tamper with the evidence of Page No.# 3/3 the case and shall not, directly or indirectly, influence the witnesses; (iii) The petitioner shall not leave his place of residence without the prior permission of the Investigating Officer and (iv) The petitioner shall not contact or approach the victims or their father at any point of time. 7. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant