Page No.# 1/3 GAHC010031452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./472/2026 SOPIJUL ISLAM AKAND ALAIS SOPIJUL ISLAM ALAIS AKAND S/O LT JOYNAL ABEDIN AKAND VILL AKANDAR CHAR , P/S- SUKCHAR,DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 18-02-2026 Heard Mr. A. Z. Ahmed, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.12.2025 in connection with Sukchar P.S. Case No. 62/2025 u/s 86(b)/90(2)/115(2)/135/61(2)/351(2)/137(2) of BNS Act. 3. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that the case has been registered u/s 90(2) BNS along with some other sections and some of which are bailable in nature and in some of the offences, the statutory period is of 60 days. But, the present petitioner is in custody since last 72 days and thus the I/O got sufficient opportunity to interrogate him keeping him in custody. Moreover he submitted that though the case is registered under Section 90(2) BNS but, there is no such ingredient to attract the said section of law. Considering these aspects of the case, vis-à-vis the period of detention already undergone by the accused/petitioner, he may be enlarged by bail. However, the petitioner is ready and willing to abide by all terms and conditions, if he is released on bail. 4. Mr. Sharma, the learned Addl. PP submitted that though some of the Sections are bailable but from the materials in the FIR it is seen that sufficient cruelty is inflicted on the daughter of the informant and her child is also being kidnapped by the accused/person. Accordingly, he insisted to call for the Case Diary. 5. Considering the submissions made by learned counsel for both sides, nature of the offence while the case is registered, statement made in the FIR, vis-à-vis the period of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for the purpose of investigation. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. Page No.# 3/3 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, South Salmara. The accused/petitioner, namely Sopijul Islam Akand @ Sopijul Islam @ Akand, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, South Salmara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant