Page No.# 1/4 GAHC010045732026 2026:GAU-AS:4062 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./666/2026 ABU SAYED KHA ALIAS KHAN S/O JOHAR ALI KHA, R/O VILL.- GORAIMARI, P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 20.03.2026. Heard Mr. M.I. Hussain learned counsel for the accused petitioner. Also heard Mr. R.R. Kaushik, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail Page No.# 2/4 to the accused petitioner, namely, Abu Sayed Kha @ Khan, who has been arrested on 06.02.2026, in connection with Bongaigaon P.S. Case No. 10/2026, under Sections 127(2)/121(2)/132/191(3)/351(2) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Hussain, the learned counsel for the petitioner that the accused petitioner is innocent and has not committed any such offence as alleged against him in the FIR. However, it is a fact that on the day of incident, some police personnel visited for apprehend one Mahidul Ali Kha who is an accused on an NDPS case but as he was not present in the house, the police tried to apprehend all the male members in the house for which, the restrained the police officials and in that regard some altercations and quarrels took place between them. In that context only, the present petitioner got arrested by the police and since last 43 days, he is in custody and thus, his further custodial interrogation may not be necessary for the purpose of investigation of this case. The learned counsel submitted that the accused petitioner is still ready and willing to extend his cooperation in further investigation of this case, if he is granted with the privilege of bail. Mr. Kaushik, the learned Addl. P.P., Assam submitted in this regard that there are sufficient incriminating materials against the present accused petitioner. It is a fact that on the day of incident, the police was in search of one Mahidul Ali Kha, who is an accused of NDPS case and the time of police search, said accused Mahidul Ali Kha was very much present in the house but when police came into the house, he tried to fled away and all the accused persons or the family members helped him to fled away from the house. In that process, they also Page No.# 3/4 restrained the police officials and some of the accused persons also used sharp weapons, out of which one police personnel also got cut injury on his person. He further submitted that not only the accused persons had restrained the police personnel and assaulted them but they also insisted the other villagers to come and to assault the police personnel who visited the place of occurrence and thus he raise objection and submitted that this may not be a fit case to grant bail to the accused petitioner at this stage. Hearing the submission of learned counsel for both sides, I have also perused the case diary and found sufficient incriminating materials against the present accused petitioners. However, only considering the length of detention, already undergone by the present accused petitioner, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation of the case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Bongaigaon, the accused petitioner named above, shall be enlarged on bail, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Bongaigaon, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Bongaigaon. Page No.# 4/4 In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant