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2026 DAILYLAW 15265 (GAU)

RATUL ALI AND ANR v. THE STATE OF ASSAM

Bail Appln./2712/2026 · 2026-09-28

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010196242026 2026:GAU-AS:14494 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2712/2026 RATUL ALI AND ANR S/O - DIL MOHAMMAD, RESIDENT OF VILLAGE-GOLEDIGHOLA, P.S. - MUKALMUWA, DIST.-NALBARI, ASSAM, PIN-781335 2: IQBAL ALI HOQUE S/O MOSHEN ALI RESIDENT OF GOLEDIGHOLA P.S.- MUKALMUUWA DIST.- NALBARI ASSAM PIN-78133 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR H P GUWALA, MR. A BORO,MS TOSHISENLA,MISS R DEWRY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. A. Boro, the learned counsel for the petitioners and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State of Assam. Page No.# 2/3 2. By this application, the petitioners have prayed for bail in connection with Jalukbari Police Station Case No.294/2026, registered under Section 311 of BNS, 2023. 3. The Case of the petitioners are that, the petitioners were arrested by the police on 31.07.2026, in connection with the FIR lodged on 30.07.2026, wherein, it was stated by the informant that on 30th July, 2026, at around 02:00 AM, six persons entered into his house by breaking the door and grievously injured him as well as his caretaker. It is also stated that, the miscreants had taken various valuable articles from the house. During the investigation of the case, the name of the petitioners surfaced as two of the accused persons in the said offence. However, the learned counsel for the petitioner submits that the offence registered against the petitioners was under Section 311 of the BNS, which provides for a punishment not more than 7 years. As such, he submits that, the mandatory period for completion of the investigation is 60 days and today is the 60th day according to the learned counsel. 4. Mr. B. Sarma, the learned APP, also submits that today is the 60th day of the incarceration of the petitioners. Since the charge-sheet has not been laid and the investigation is not completed within the said mandatory period, this Court enlarges the petitioners on default bail on furnishing of a bail bond of Rs. 20, 0000/- each with one local surety each of the like amount to the satisfaction of the CJM, Kamrup (M), under the following conditions: (i) The petitioners shall positively appear before the I.O. and the Trial Court as and when call for. Page No.# 3/3 (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer. 5. The Bail Applications stands disposed of. JUDGE Comparing Assistant