Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:1061
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./132/2026 ABUL HUSSAIN SON OF LATE IDRISH ALI R/O TESUA (BALIDARA P.S. SRIBHUMI DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MISS. P M AHMED,U U KHAN,MR. I U CHOWDHURY,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER Date : 29.01.2026
Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
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2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Abul Hussain, has prayed for bail in connection with Sribhumi P.S. Case No. 477/2025 under Section 13(1) of BNS, 2023.
3. The accused was arrested on 04.11.2025 in connection with the case which was registered on the basis of an FIR dated 01.11.2025 lodged by the brother of the deceased with allegation that the petitioner who was the husband of the deceased, had pressurized her in sustained manner over dowry since marriage. It is stated that the couple also have four children and that on the day of the incident, the petitioner assaulted her and poisoned her leading to her death.
4. The learned counsel for the petitioner seeks bail on the ground of length of detention submitting that as on today, he has completed 87 days in pre-trial detention since 04.11.2025.
5. The case diary was called for, but the same is not received.
6. Considering the penal provision involved, the applicable statutory period would be 90 days and it should be over in another three days.
7. In the facts and circumstances, considering the length of detention as on date and the aspect of the children – I am of the considered view that he can be released on bail at this stage, subject to conditions.
8. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sribhumi P.S. Case No. 477/2025 under Section 13(1) of BNS, 2023, on furnishing bail bond of Rs.40,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court.
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9. The direction for bail is further subject to the following conditions: (a) That the petitioner shall be available for trial, if one commences; (b) That the petitioner shall not hamper or tamper with evidence; (c) That the petitioner shall not try to influence any witnesses; and (d) That the petitioner shall not intimidate or harass the family members of the deceased.
10. Violation or breach of any condition(s) shall entail cancellation of bail.
11. With the above observations, this bail petition stands allowed and
disposed of accordingly. JUDGE Comparing Assistant