Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010031512026
2026:GAU-AS:3548
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./499/2026 RAMJAN ALI S/O LATE KHABIR ALI, R/O 1 NO NIZARAPAR, PO NOONMATI, GUWAHATI 20, PS NOONMATI, DIST KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A H AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE
HON’BLE MR. JUSTICE PRANJAL DAS O R D E R
10.03.2026
Heard Mr. A.H. Ahmed, learned counsel for the petitioner and also heard Mr. K. Baishya, learned Addl. P.P appearing for the State respondent. 2. By this petition under Section 483 BNSS, the accused petitioners, namely,
Page No.# 2/3 (1) Ramjan Ali, and (2) Md. Safikul Ali @ Safiqul Ali and (3) Md. Rahim Ali @ Rahim Ali who were arrested on 05.12.2025 in connection with Noonmati PS Case No. 228/2025 corresponding to G.R. No. 5692/2025 registered under Sections 126(2)/117(2)/ 74/76/109(1)/3(5) of the BNS, 2023. 3. As per the allegations contained in the FIR, accused persons along with other co-accused assaulted the informant and his wife on 04.12.2025 and it is specifically alleged that accused Ramjan Ali assaulted the informant with a helmet and tore the clothes of his wife. Thereafter, the informant and his wife were tied to a road-side post and accused Ramjan Ali inflicted a blow on the head of the informant’s wife with an iron Belsa as a result of which the wife of the informant sustained grievous injuries and had to be admitted in the ICU in critical condition. 4. This is a subsequent bail petition, as an earlier bail petition on behalf of the accused/petitioners were rejected on 04.02.2026 vide order passed in Bail application No.24/2026. In that bail application; however, the prayer for bail of Safikul Ali and Rahim Ali was allowed,
though
initially
the
present petitioner was also granted interim bail. It is submitted that pursuant
to rejection of his bail application, he surrendered before the learned Court on 05.12.2025 and since then, he has been in custody. It is submitted that as per his instruction, the investigation is almost complete. 5. Based on the said submission, the learned Addl. P.P. was requested to take an instruction regarding the status of investigation. Pursuant thereof, the learned Addl.
P.P. submits that investigation is completed and perhaps draft charge-sheet is ready but the formal charge-sheet has not yet been submitted. 6. It is submitted by the learned counsel for the petitioner that as far as the
Page No.# 3/3 penal provisions are concerned, the maximum punishment is 10 years. However, considering that there are allegations about the act of the accused causing injuries upon the victims, perhaps the second limb of Section 109 BNSS (Section 307 IPC) might be applicable and with regard to the same, the statutory period is 90 days. 7. Nonetheless, considering the progress of investigation (almost complete) and the elapse of more than a month since the last date of rejection, I am of the considered view that bail can be granted at this stage. 8. In such view of the matter, the petitioner is hereby allowed to go on bail of Rs. 30,000/- with one surety of the like amount to the satisfaction of the concerned learned Court and subject to the conditions that:- (i) He shall co-operate with the trial, if once commences, (ii) He shall not hamper or tamper with evidence. (iii) He shall not in any manner intimidate, harass or harm the informant/victim and their family members. (iv) He shall not try to influence to any witnesses. 9. In case of violation of the bail conditions, his bail would be liable to be cancelled. 10. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant