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2026 DAILYLAW 16593 (GAU)

KABIR ALI MONDAL v. THE STATE OF ASSAM

Bail Appln./3259/2026 · 2026-10-13

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010225152026 2026:GAU-AS:15659 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3259/2026 KABIR ALI MONDAL SON OF MUSTAK ALI MONDAL, RESIDENT OF VILLAGE CHESPANI, P S KOKRAJHAR, B T C ASSAM, PIN 783370. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 14.10.2026 Heard Mr. M. U. Mahmud, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Kabir Ali Mondal, in connection with Bagribari P.S. Case No. 46/2026 under Sections 196(2)/299/298/152/61 of BNS. Page No.# 2/3 3. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and the co-accused of the case has already been granted the privilege of bail by the learned Sessions Judge, Kokrajhar. The learned counsel for the petitioner has submitted that the petitioner has been in judicial custody for the last 44 days and as such, he has prayed for grant of bail to the petitioner. 4. The learned Addl. PP has produced the case diary and has submitted that there are incriminating materials to show the involvement of the petitioner not only in attempting to implicate a certain person/the informant, but the acts also had the potential of bringing about a communal clash. He has accordingly objected to the grant of bail. 5. Having given my due consideration to the contents of the case diary and also having regard to the length of detention of the petitioner and the progress of the investigation, I am of the considered opinion that further custodial interrogation of the petitioner may not be required at this stage. 6. Accordingly, it is provided that the petitioner shall be released on bail on furnishing a bond of Rs.10,000/- with two sureties of the like amount to the satisfaction of the learned CJM, Kokrajhar. It is made clear that in the event it is found that the petitioner is involved in similar offences in the future, the CJM would be at liberty to recall the bail granted to the petitioner. The learned CJM would also be at liberty to impose such other conditions as may be deemed necessary to ensure the continued participation of the petitioner in the investigation of this case. Page No.# 3/3 7. The bail application is disposed of. JUDGE Comparing Assistant