Page No.# 1/5 GAHC040000142026 2026:GAU-AP:84 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : BA/1/2026 Solu Islam Son of Md Adul Hasim, present resident of Lekhi Mahindra Dealer, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh and permanent resident of village No.2 Parbatipur, Harmutty, PO Merbil, PS Laluk, North Lakhimpur District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Joram Mebi, L Tado,Lishi Taj Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 29/01/2026 This application under Section 483 read with Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is filed for release of the alleged accused person Alif Islam on bail from the Judicial Custody in connection with Session Case No. 62/2022 arising out of Banderdewa Police Station Case No.21/21 Page No.# 2/5 under Section 395/511 of the IPC pending before the District & Session Court at Yupia, Papum Pare. 2. Heard learned counsel for the petitioner, Mr. Joram Mebi. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent. 3. The case of the petitioner herein is that the alleged accused person is undergoing trial in the Banderdewa PS Session Case No. 21/21 being registered Session Case No. 62/2022 U/S 395/511 of the IPC. The accused person was attending the trial of the case except on a few unavoidable occasions. 4. The alleged accused, while the trial was pending, was again arrested in the Banderdewa PS Case No. 23/2024 U/S 21(B) of the NDPS Act. Since his arrest, the accused person lost contact with his counsels in the pending Session Case No. 62/2022. 5. The learned counsel for the petitioner submits that during the pendency the accused person approached this Court and vide order dated 23.06.2025 in BA No. 58/2025 he was granted bail in the Banderdewa PS Case No. 23/2024. Despite the bail granted to the accused person, he continued to be in custody and was again taken in to judicial custody in connection with Session Case No. 62/2022 in execution of a custody warrant issued in order dated 03.07.2025 by the learned District Sessions Judge, Yupia, Papum Pare. 6. It is the submission of the learned counsel for the petitioner that on 03.07.2025, he was still in custody in connection with the Banderdewa PS Case No. 23/2024 and therefore, he could not appear before the court on 03.07.2025. However, the learned court below issued custody warrant on 03.07.2025 for Page No.# 3/5 production of the accused before the court. Accordingly, the accused was again arrested and forwarded to judicial custody. 7. Thereafter, the accused filed subsequent bail applications before the learned Trial Court which were rejected by order dated 24.09.2025 and order dated 02.12.2025. The petitioner has therefore, approached this Court in this bail application praying for release of the accused person on bail. 8. The learned counsel for the petitioner submits that the accused person has two cases pending trial against him in the court of the learned District & Sessions Judge, Yupia. The first case is the Session Case No. 62/2022 arising out of Banderdewa PS Case No. 21/21 and the second is the Banderdewa PS Case No. 23/2024, in which he has already been granted bail by this Court. In the first case, the name of the accused is reflected as Alif Islam and in the later case his name is reflected as Arif Islam. Due to which the misunderstanding may have arisen and the learned counsel submits that the official name of the accused person is Alif Islam. 9. It is further stated that the accused person is languishing in custody since, his arrest on 08.04.2024 till date. And the accused person has spent more than 1 (one) year 10 (ten) months in judicial custody. It is therefore submitted that the accused is ready to abide by any conditions if released on bail and under takes to attend the trial as and when summoned by the court. 10. The learned Additional Public Prosecutor has also fairly submitted that as on 03.07.2025, when the learned Sessions Judge passed the order of custody warrant the accused was in custody in connection with the Banderdewa PS Case Page No.# 4/5 No. 23/2024 and therefore, he could not have appeared before the court as he was in custody. As on 03.07.2025, when the order was passed by the learned Sessions Judge the accused person was still in custody even though he had been granted bail by this Court by order dated 23.06.2025 in BA 58/2025 in Banderdewa PS Case No. 23/2024 due to the misunderstanding in the name of the accused person. And therefore, she fairly submits that there must have been some misunderstanding due to the difference in the name of the accused person as to whether the petitioner’s name was Arif Islam or Alif Islam. 11. This Court has considered the submission of the parties and has perused the records and also the Trial Court Records which are produced. It appears that there has been some misunderstanding with regard to the actual name of the accused person which has been used as Arif Islam in some documents and as Alif Islam in other documents. However, in the present application the EPIC Card of the alleged accused person has been produced wherein his name is shown as Alif Islam whereas, in the BA 58/2025 name of the accused person was shown as Arif Islam. However, upon going through the Trial Court Records, and the connected Police records it is seen that Arif Islam and Alif Islam are the same person. And even in the order sheet of the learned Sessions Judge, it is seen that the name of the accused person is reflected as Arif Islam@Alif Islam. Therefore, the accused person had been granted bail by this Court on 23.06.2025 in BA 58/2025 in connection with Banderdewa PS Case No. 23/2025. It is also seen that by order dated 03.07.2025, the learned Sessions Judge had issued a custody warrant for production of the accused before the court and it was not a bailable warrant of arrest. This Court is of the view therefore, that the misunderstanding was caused merely due to the use of 2 (two) different names in respect of the accused which has caused confusion. Page No.# 5/5 12. Learned Additional Public Prosecutor has also not disputed the fact that the accused person has now been in custody for more than 1 (one) year 10 (ten) months. It is therefore, the view of this Court that the accused person may be released on bail at this stage on the following terms and conditions: i) The accused shall execute bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the learned Trial Court. ii) The accused shall appear before the court for the trial and be present on every date fixed. iii) The accused shall not leave the jurisdiction of the Trial Court without the leave of the court. 13. With the above directions, this application stands disposed of. 14. The Registry shall send back the Trial Court Records. It is made clear that the present bail granted is in connection with the Banderdewa PS Case No. 21/21 in Session Case No. 62/2022. JUDGE Comparing Assistant