Page No.# 1/4 GAHC010011062026 2026:GAU-AS:1947 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./228/2026 SURUJ ALI AND ANR S/O LT. ABDUL JABBAR R/O VILL- UTTAR KHATOWAL, P.S. RUPAHIHAT DIST. NAGAON, ASSAM 2: MANJUWARA KHATUN D/OMD. ASHRAF ALI W/O SURUJ ALI R/O VILL- UTTAR KHATOWAL P.S. RUPAHIHAT DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS M D MEDHI, MS J KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Page No.# 2/4 Date : 12.02.2026. Heard Ms. M.D. Medhi, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State respondent. 2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, namely, (1) Suruj Ali and (2) Manjuwara Khatun, who are in custody since 28.08.2025, in connection with the Sessions Case No. 51/2025, under Sections 103(1)/3(5) of the BNS, 2023, pending in the Court of learned Additional Sessions Judge, 1, Nagaon. 3. The scan copy of the TCR has already been received and perused the same. 4. It is submitted by Ms. Medhi, the learned counsel for the accused petitioners that the petitioners are innocent and have not committed any such offence as alleged in the FIR. Both the accused petitioners are behind the bar since 28.08.2025 and the case has already been charge sheeted, the trial of the case vide Sessions Case No. 51/2025 is going on and two prosecution have already been examined including the informant. The learned counsel of the accused petitioners further submitted that the entire had happened after a quarrel and the person died only due to heart attack and not for the assault by the accused petitioners. Rather, the son of the deceased, namely, Baharul Islam had committed rate on the minor daughter for which one case is still pending against the son of the deceased. In that context, a quarrel took place, wherein the unfortunate incident took place but the present accused petitioners have not committed any such offence as alleged in the FIR. Both the accused petitioners are permanent residents of their addressed locality and they will appear before Page No.# 3/4 the learned trial Court below as and when the date is fixed. 5. Ms. A. Begum, the learned Additional Public Prosecutor submitted in this regard that though two prosecution witnesses have been examined so far, there are several eye witnesses to the case of the prosecution and from the statement made by the witnesses under Section 180 and 183 of the BNSS, 2023, it reveals that the accused petitioners are very much involved in the alleged offence and hence, she raised objection and submitted that till the recording of evidence of the eye witnesses are completed, the prayer for bail may not be considered at this stage. 6. Hearing the submissions made by the learned counsels for both sides and considering the materials in the case record as well as in the case diary and other aspects of the case, I find that further custodial detention of the accused petitioners may not be required for the purpose of trial. 7. Accordingly, I find it a fit case to extend the privilege of bail to the accused petitioners. 8. Accordingly, it is provided that on furnishing bail bond of Rs. 50,000/- (Rupees twenty thousand) only with 2 (two) sureties of like amount, for each of the accused petitioners, to the satisfaction of the learned Additional Sessions Judge, 1, Nagaon, in connection with the Sessions Case No. 51/2025, they will be enlarged on bail, subject to the following conditions: (i) that the petitioners will 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/her from disclosing such Page No.# 4/4 facts to the Court or to any police officer; (ii) that the petitioners will not leave the jurisdiction of the learned trial Court, without prior permission, and (iii) that the petitioners will appear before the learned Trial Court to face the trial on the date fixed, without fail and without any valid reason. 9. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant