Page No.# 1/3 GAHC010058392026 2026:GAU-AS:4219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./849/2026 ZINARUL ISLAM AND ANR S/O LATE MOZAFFAR ALI ALIAS NUR BOKTO VILL- JORDANGA PT-II, KUCHNIMARA, P.S- MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM 2: SAIDUR RAHMAN VILL- SATDU P.S- SOUTH SALMARA DIST- SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-03-2026 24.03.2026 Heard Mr. S.U. Ahmed, the learned counsel for the petitioners. Also heard Page No.# 2/3 Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 10.02.2026 in connection with Mankachar P.S. Case No. 26/2026 u/s 140(2)/3(5) added section 61(2) of BNS. 3. It is submitted by Mr. Ahmed, the learned counsel for the petitioners that the present accused/petitioners are innocent and is not involved in kidnapping the husband of the informant. However, it is a fact that these two petitioners along with other accused/persons and the husband of the informant visited Meghalaya wherein they dealt with business of beetle nut. But, as the money was kept along with the husband of the informant, the accused nos. 2 & 3 visited to the house of the informant to collect money when police was informed and they got arrested. However, the husband of the informant has already been rescued and these two petitioners are in custody since 10.02.2026 and hence considering their length of detention, they may be released on bail. One of the co-accused is also granted with interim protection on his anticipatory bail application. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted that at this stage he is not in a position to submit as to whether the accused/persons are involved in this case and as to whether the victim has already been recovered or not. 5. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and the Forwarding Report of the two petitioners. It is seen that the victim has already been recovered and considering this aspect Page No.# 3/3 of the case and considering length of detention already undergone by the accused/persons, I find that further custodial interrogation may not be necessary for the purpose of investigation. In view of this, both the petitioners are hereby allowed to go on bail. 6. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, South Salmara, Mankachar. The accused/petitioners, namely [1] Zinarul Islam and [2] Saidur Rahman, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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 petitioners shall not leave the jurisdiction of the learned CJM, South Salmara, Mankachar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant