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2026 DAILYLAW 17308 (GAU)

SHAHIDUL ISLAM ALIAS SAHIDUL ISLAM v. THE STATE OF ASSAM

AB/2899/2025 · 2026-01-05

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010271842025 2026:GAU-AS:158 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2899/2025 SHAHIDUL ISLAM ALIAS SAHIDUL ISLAM S/O LATE ABDUL KASHE, RESIDENT OF KANHARA, PS GOROIMARI, DIST KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A ISLAM, MR F HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 06.01.2026 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Shahidul Islam @ Sahidul Islam, praying for grant of Page No.# 2/3 bail in connection with Chhaygaon P.S. Case No.326/2025 under Sections61(2)/ 303(2)/305(a)/309(4)/317(2) of BNS. 3. The gist of allegation is that on 02.12.2025 from a confidential report received by police that the gang of burglars had committed burglaries at various jewellery shops and concealed them in the house of the petitioner and accordingly his house was searched and several items of jewellery were found including cash of Rs. 5,90,000/-which were accordingly seized. 4. Mr. F. Hoque, learned counsel for the petitioner submits that the only implication against the present petitioner is that the statement of the other FIR named accused, namely, Shahejul Hussain Saikia, who has been granted bail by this Court on 19.12.2025 in Bail Appln. No. 3977/25. The present Petitioner is also named in FIR and as for the forwarding report of the other co-accused, he is stated to have given the jewellery to that co-accused, who was subsequently granted bail. 5. Case diary has been received. 6. The learned Addl. P.P. fairly submits that so far apart from the said statement of the accused was arrested, no other incriminating materials have come to notice. However, investigation is still in progress. 7. In the given facts and circumstance, I deem it proper to allow this anticipatory bail application, accordingly it is directed that, in the event of the arrest of the petitioner, named above, is hereby allowed to go on pre-arrest bail of Rs. 30,000/- with one surety of like amount to the satisfaction of the arresting authority, and subject to the following conditions that:- (i) That the accused petitioner shall co-operate with the investigation and make himself available for examination. Page No.# 3/3 (ii) That the accused petitioner shall not hamper or tamper with evidence. (iii) That the accused petitioner shall not commit any illegal activities or offences. 8. Violation of any bail conditions will entail cancellation of the bail. 9. Accordingly, this anticipatory bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant