Page No.# 1/5 GAHC010017562026 2026:GAU-AS:2819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./272/2026 SAIDUL ISLAM SON OF SUKUR ALI RESIDENT OF VILL- BORPETA KOYAKISHI P.S. AND DIST. BORPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTEDE BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 23-02-2026 Heard Mr. N.J Dutta, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. This is an application under Section 483 of the BNSS, 2023 for granting Page No.# 2/5 regular bail to the accused/petitioner, who has been shown arrested on 18.01.2026, in connection with Lanka P.S Case No. 241/2025 under section 61(2)/112/303(2)/318(4)/3(5) of BNS, 2023. The CD in the present case is awaited. The petitioner was already under arrest in connection with Hojai P.S Case No. 333/2025 and today by an order passed in B.A No. 273/2026, the petitioner has been granted the privilege of bail. This Court has gone through the record annexed to the bail petition which led to the petitioner being shown to be arrested in connection with Lanka P.S Case No. 241/2025. A perusal of the photocopy of the certified copy of the order of the Trial Court reveals that by the order dated 17.01.2026, the Court of the learned Addl. CJM had directed the production of the petitioner herein before the Court on the prayer of the I.O of Lanka P.S Case No. 241/2025. On the basis of the order dated 17.01.2026, the petitioner was produced before the Court of the learned Addl. CJM, Hojai on 18.01.2026, whereupon going through the prayer of the Investigating Authority and the material placed before the Court, the prayer of the I.O to have the accused Saidul Islam shown arrested in connection with Hojai P.S Case No. 333/2025 was allowed. The order does not reflect that the petitioner had been given the ground of arrest for being proposed to be shown arrest or that even after being shown arrest, he had been given the ground of arrest or that the same had been intimated to any of his family members, friend or relatives. Therefore, this Court is of the opinion that the shown-arrest of the petitioner cannot be sustained in law as the petitioner never had the information as to why he had been arrested in connection with Lanka PS case no 241/2025. The petitioner has already been granted bail in connection with Hojai P.S Page No.# 3/5 Case No. 333/2025 in B.A No. 273/2026. Accordingly, it is directed that in case the accused/petitioner namely, Saidul Islam, s/o Sukur Ali, resident of village- Barpeta, P.O-Kayakuchi, P.S & District-Barpeta, Assam is not under detention in any other case except the Hojai P.S Case No. 333/2025 and Lanka P.S Case No. 241/2025, he shall be released on bail on his furnishing a bail bond of Rs. 1,50,000/- in connection with Lanka P.S Case No. 241/2025 with two sureties who shall be residents of the concerned jurisdictional court at Lanka and at least one of them shall be having landed immoveable property of equal or more value within the territorial jurisdiction of the concerned court at Lanka. The bail petition is further subject to the following conditions; (i) He will not leave the territorial jurisdiction of the I.O or the jurisdictional court at Hojai as provided for in the order passed in B.A No. 273/2026 without prior written permission. (ii) In the event the petitioner is allowed by the Court having jurisdiction over Hojai PS case No. 333/2025 to leave the territorial jurisdiction, the petitioner shall also move an appropriate application before the jurisdictional court at Lanka and inform the Court about permission and shall inform the court regarding his place of residence during the time of leave granted by the concerned court at Hojai. (iii) The petitioner shall cause production before the concerned jurisdictional court at Lanka, the order recording acceptance of the bail bond with surety by the Court at Hojai in connection with Hojai P.S Case No. 333/2025, which the Court at Lanka shall retain for records. iv) The petitioner shall not hamper or temper with the evidence of the instant case in any manner. v) The petitioner shall not directly or indirectly, make any inducement, Page No.# 4/5 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. vi) The petitioner shall appear before the learned jurisdictional court and the I.O as and when required and directed to do so. vii) The learned jurisdictional Court, shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial. viii) The petitioner shall not engage in any illegal activity of similar nature in the future. ix) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed upon the notice of the competent court and request for a recall/cancellation of bail. x) The petitioner has been granted bail only with regard to Hojai P.S Case No. 333/2025 and the Lanka P.S Case No. 241/2025 and the bail bond shall be considered by the respective Trial Court. xi) This bail order shall be subject to the verification by the concerned court from the Investigating Authority as regard to the necessity of retaining the petitioner in custody in connection with any other case in which the petitioner stands as an accused. The bail application stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant