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2026 DAILYLAW 3138 (GAU)

SAMSUL ISLAM AND ANR v. THE STATE OF SSAM

Bail Appln./844/2026 · 2026-03-29

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010050422026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : Bail Appln./844/2026 SAMSUL ISLAM AND ANR SON OF AHMED ALI VILL- GORBHITOR P.O. BISWANATH CHARIALI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-784176 CONTACT NO. 995730277 2: MOHIDUL ISLAM ALIAS KARBI SON OF AHMED ALI VILL- GORBHITOR P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-784176 CONTACT NO. 9957530277 VERSUS THE STATE OF SSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR P NEOG Advocate for : PP ASSAM appearing for THE STATE OF SSAM BEFORE Page No.# 2/3 HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30 .03. 2026 Heard Mr. D. Pathak, learned counsel for the petitioners and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This bail application has been filed by the petitioners namely, Sri Samsul Islam and Sri Mohidul Islam @ Karbi under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Biswanath Chariali P.S. Case No. 30/2026 under Sections 61(2)/ 318(4) of BNS, 2023 read with Sections 10(1)/ 11(1) of the Public Examination (Prevention of Unfair Means) Act, 2024. 3. The allegation against the petitioners is that petitioner No. 1 was a outsider and petitioner No. 2 was a candidate and the petitioner No. 1 was helping some of the candidates for recruitment of Junior Administrative Assistant (JAA) Examination held on 01.02.2026 at Biswanath College Centre by providing answers through smart phone. The petitioners were arrested on 02.02.2026 and petitioner No. 2 spent behind the bars for 57 days. It is submitted that the petitioner No. 1 was on interim bail granted by this Court vide order dated 23.3.2026. 4. It is submitted that the case is pending for FSL report. Therefore, it appears that the investigation of the case is otherwise complete. It is also submitted that two other accused persons have been granted interim bail. 5. The learned Addl. Public Prosecutor has submitted that there are sufficient materials against the petitioners collected by the I.O. Therefore, he opposes the prayer for bail. 6. Having regard to the above and the period of detention and advance stage Page No.# 3/3 of the investigation, further detention of the petitioner No. 2 may not be necessary. Accordingly, it is directed that the petitioner No. 2 namely Sri Mohidul Islam @ Karbi shall be released on bail on furnishing a bond of Rs. 15,000/- (Rupees fifteen thousand) only with 2 (two) sureties each of the like amount to the satisfaction of the learned CJM, Biswanath Chariali, Biswanath, Assam. So far in regard to the petitioner No. 1 namely Sri Samsul Islam is concerned, the interim order dated 23.03.2026 is made absolute subject to the conditions mentioned in the interim order itself. 7. It is further provided that the petitioners shall cooperate with the trial and they shall not influence any witnesses acquainted with this case, in any manner. 8. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant