Page No.# 1/4 GAHC010256572025 2026:GAU-AS:1504 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3726/2025 FAKRUL ISLAM SON OF LATE LT. HOKAI MIA PERMANENT RESIDENT OF VILL- BALESWAR, P.S. KARIGANJ, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 05.02.2026 1. Heard Mr. H. R. Choudhry, learned counsel appearing for the accused petitioner. Also heard Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/4 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Fakrul Islam, praying for grant of bail in connection with PRC Case No. 1957/2025 pending before the learned CJM Sribhumi arising out of Bazaricherra P.S. Case No.77/2025 under Sections 331(8)/310(2)/118(2) of the BNS Act. 3. The present petitioner stated to be in judicial custody at present and was arrested on 19.07.2025. Investigation resulted in a charge-sheet and the case is stated to be presently at the stage of appearance and awaiting appearance and committal. 4. Learned counsel for the petitioner submits that out of nine accused, six have already been enlarged on bail by the learned trial court. 5. Relying on Tofan Singh vs State of Tamil Nadu reported in 2021 (4) SCC 1, learned counsel for the petitioner submits that the main incriminating materials against the petitioner is the statement of co-accused. 6. Learned Additional Public Prosecutor, on the other hand, objects to the grant of bail at this stage contending that charges are yet to be framed and evidence of witnesses are yet to be taken. It is also submitted by the prosecution that pursuant to the nature of the alleged offences, the aspect of parity should not be applied. 7. I have perused the narration of the IO in the charge-sheet regarding the present petitioner. It also revels from the materials that during the alleged offences, the complainant was assaulted with sharp weapon causing injuries and some other family members also tied up by the miscreants. 8. On the other hand, learned counsel for the petitioner submits that even if the statement of the petitioner is incriminating the same should Page No.# 3/4 not be taken into account, being inadmissible in evidence. 9. I have considered the rival submission and perused the materials. An up-to-date status report regarding the case was called for from the learned court below and a report dated 20.12.2025 is received from the learned CJM, Sribhumi. 10. On perusing the materials there is no doubt about some implicating materials and the gravity of the alleged offences. It is also true that statements of witnesses are yet to be recorded during trial. However, as mentioned earlier, 17 witnesses are listed in the charge sheet and case is at the state of appearance. I find force in the apprehensions projected by the learned prosecution for bail at this stage. However, petitioner is in under trial detention since 19.07.2025 and the case is poised for commencement of trial and six out of nine accused persons have already been granted bail. Therefore, despite adverse materials and the apprehension expressed by the prosecution, I am of the considered view that this petitioner should also be granted bail at this stage, subject however to suitable conditions. 11. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner: (a) shall not abscond and shall be available for trial if one commences. (b) Shall not hamper or tamper with the evidence. (c) shall not in any manner intimidate, harm or harass the informant and the witnesses. Page No.# 4/4 (d) shall not misuse his liberty to commit any offence or illegal activity. 12. Violation of any of the conditions might entail cancellation of bail. 13. A copy of the bail order shall be furnished to the IO to be furnished to the complainant of the case and explained to him that in case of any intimidation or threats, the matter should be promptly brought to the notice of the IO so that appropriate steps may be taken for filing of bail cancellation. 14. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant