Page No.# 1/4 GAHC010025442026 2026:GAU-AS:2595 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./395/2026 SAJIDUR RAHMAN S/O SAHAR ALI VILL- DHUPGURI PATHAR P.S. DHING, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN,MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 20.02.2026. Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing on behalf of Page No.# 2/4 the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Sajidur Rahman, who has been arrested on 03.01.2026, in connection with Dhing P.S. Case No. 05/2026, under Sections 61(2)/319(2)/316(2)/351(2)/3(5) of the BNS, 2023. Neither the case diary is received nor any intimation is received from the concerned I.O. However, the jail authority has provided the medical report as called for on the last occasion. It is submitted by Mr. Ahmed, learned counsel that the present accused/petitioner is a contractor by profession in Government Department and he is not associated with the alleged offence. There are only allegations of creation of a Self Help Group (SHG) and the present accused petitioner is no way involved with creation of any SHG nor he misappropriated any money from any person. Mr. Ahmed, the learned counsel further submitted that the accused petitioner is suffering from some kidney related problems and on four occasions he was taken to hospital for treatment. The learned counsel for the accused petitioner has also furnished one medical report, which is collected from the Nagaon Civil Hospital. He further submitted that the accused petitioner is in the custody since last 49 days and considering his length of detention, he may be released on bail. He further submitted that most of the co-accused are already released on bail and still they are cooperating with the investigation of the case. Apart from that, the present accused petitioner was also under the police remand for 4 days and hence, the I.O. got sufficient opportunities to interrogate the present accused petitioner when he was in police custody. Accordingly, he Page No.# 3/4 submitted that the accused petitioner may be allowed to go on bail. However, he is ready and willing to extend his cooperation in further investigation of the case, if he is provided with the privilege of bail. Mr. Sarma, the learned Additional Public Prosecutor, Assam raised objection and submitted that it is not a fit case to extend the privilege of bail at this stage without perusal of the case diary, as from the forwarding report itself, it is seen that there are about 87 numbers of FIRs have been pending against the present accused petitioner along with other accused persons as they have misappropriated money from several persons in the name of giving some loan through SHG. Mr. Sarma further submitted that as per the medical report submitted by the jail authority, it is seen that the health condition of the accused petitioner is good at present though he was taken to the hospital by the jail authority. Hearing the submissions made by the learned counsels for both sides, it is seen that there are allegations of misappropriation of huge quantity of money but there is no clarification as to the said amount except only for an amount of Rs.6,22,000/-. Apart from them, it is also seen that the accused petitioner is also under the police custody for 4 days and hence, the I.O. got sufficient opportunity to interrogate him and the accused in custody since for last 49 days. Considering all these aspects of the case, without going detail into the merit of the case, only consider the length of detention, I find that further custodial interrogation may not be required for the purpose of investigation. Page No.# 4/4 Accordingly, I find it to be a fit case wherein the privilege of bail can be extended to the present accused petitioner. . Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees twenty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Nagaon, the accused petitioner, namely, Sajidur Rahman shall be enlarged on bail, in connection with Dhing P.S. Case No. 05/2026, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any inducement, 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; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Nagaon, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Nagaon. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant