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2026 DAILYLAW 3242 (GAU)

ABDUL MANNAN v. THE STATE OF ASSAM

Bail Appln./381/2026 · 2026-02-09

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010022112026 2026:GAU-AS:1794 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./381/2026 ABDUL MANNAN SON OF MOKBUL HUSSAIN RESIDENT OF VILL- GUNMEJA, P.S. GOBORDHAN, DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.02.2026 Heard Mr. A. Chaudhury, learned counsel for the accused-applicant. Also heard Ms. N. Das, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused in connection with Sessions (Special) Case No. 4/2025, registered Page No.# 2/4 under Sections 103(1)/70(1)/3(5)/61(2)(a) of the BNS, 2023, read with Section 3(2) (v)/3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989, pending in the Court of learned Special Judge, Dima Hasao, Haflong, arising out of Umrangso P.S. Case No. 17/2025, under Section 103(1) of the BNS, 2023, with added Section 3(5)/61(2)(a) of the BNS, 2023. 3. The case arose out of an FIR dated 14.08.2025, lodged by the son of the deceased with an allegation that some unknown miscreants had killed his mother. 4. The accused-applicant was arrested and is in judicial custody since 16.08.2025. The case has already been charge-sheeted and registered as Sessions (Special) Case No. 4/2025, registered under Sections 103(1)/70(1)/3(5)/61(2)(a) of the BNS, 2023, read with Section 3(2)(v)/3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989, with added Section 3(5)/61(2)(a) of the BNS, 2023. 5. The learned counsel for the accused-applicant submits that 2(two) co-accused, arising out of the same FIR, have already been granted bail by a Co-ordinate Bench of this Court after perusal of the record of the Trial Court. The learned counsel submits that since the present accused-applicant is also similarly situated and was arrested at the same time, he also deserves to be granted bail in the instant case. It is further submitted that the prosecution evidence has not been started so far and since, as many as 43 witnesses are listed in the Charge-sheet, though the charges have already been framed. Considering the number of prosecution witnesses and the fact that the first date of recording prosecution evidence is fixed on 15.02.2026, the process of trial is likely to take some time to conclude. Therefore, since the accused-applicant has already spent 178 days in judicial custody awaiting trial, he may be granted bail at this stage. 6. The learned Addl. P.P., representing the State, however, submits that the record of the Trial Court should be called and after perusal of the said record only, the prayer for bail should be considered at the instant case. Page No.# 3/4 7. This Court has heard the submissions made by the learned counsel appearing for the respective parties. 8. After considering the stage of the case and the length of pre-trial detention that has also undergone by the accused-applicant till date as well as considering the fact that two of the co-accused, who are similarly situated with the present applicant, have already been granted bail by a Co-ordinate Bench of this Court, this Court is of the considered opinion that the accused-applicant can be granted bail at this stage with certain conditions to be followed by him after his bail is granted. Accordingly, it is directed that the accused-applicant shall be released forthwith from the judicial custody on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one suitable surety of like nature to the satisfaction of the Court of learned Special Judge, Dima Hasao, Haflong, subject to the following conditions: - 1. that, the accused shall appear before the learned Trial Court as and when required during the trial of the case; 2. that, the accused shall not try to get in connection with the informant’s family, in any manner, during the trial of the case to influence them in any manner; 3. that, the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority. 9. Violation of or breach of any of the aforesaid conditions shall entail cancellation of the bail. 10. In view of the aforesaid directions, this bail application stands disposed of as allowed. Page No.# 4/4 JUDGE Comparing Assistant