Page No.# 1/4 GAHC010024172026 2026:GAU-AS:2401 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./416/2026 JEHERUL ISLAM ALIAS JUNMONI SON OF LATE NAJRUL ISLAM PERMANENT RESIDENT OF VILL AND P.S. MUKALMUA, DIST. NALBARI, ASSAM, PIN-781126. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Y CHOUDHURY, J NABI,MR. T A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-02-2026 Heard Mr. T.A. Choudhury, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Jeherul Islam @ Junmoni, who was arrested in connection with Dispur P.S. Case No. 18/2026 registered under Sections 191(1)/191(2)/191(3)/109/118(1)/324(4)/351(2)of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Choudhury, learned counsel that the present petitioner is innocent and the case has been falsely lodged by the complainant due to a political rivalry after a group fight between two groups. At the relevant time of incident he was in Mukalmua and the incident took place in Sixmile. However, his brother is named in the FIR and when police went in search of his brother, they could not find him and for which only he got arrested in connection with this case. His brother along with other co-accused of the case has already got bail. The petitioner is in custody since last 35 days and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. He is not an FIR named accused and no way involved in the alleged offence. The case against the present petitioner also does not attract the Sections under which the case has been registered. 5. However, the petitioner is still ready and willing to extend his cooperation Page No.# 3/4 in the further investigation of the case, if he is granted with the privilege of bail. 6. Mr. Das, learned APP submitted in this regard that the complainant had identified the present petitioner when his photographs was shown to him and he specifically stated in his statement that this is the person who beat him with a stick. More so, from the forwarding report also it is seen that he got arrested in connection with this case only after identification by the complainant. However, it is submitted by Mr. Das, that the medical report is not available in the case as it cannot be collected by the I.O. till date. But the case is registered under Section 118(1) BNS and accordingly he raised objection and submitted that the bail prayer of the petitioner may not be considered at this stage. 7. Heard the submissions made by the learned counsel for both sides and considering the material in the case diary and the period of detention already undergone by the petitioner, I find that further custodial interrogation of the petitioner may not be required for the purpose of investigation of the case and accordingly, I find it to be a fit case to extend the privilege of bail to the petitioner. 8. Accordingly, the accused/petitioner, namely, Jeherul Islam @ Junmoni,, be released on bail in connection with Dispur P.S. Case No. 18/2026 registered under Sections 191(1)/191(2)/191(3)/109/118(1)/324(4)/351(2)of BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid Page No.# 4/4 P.S. Case and (ii) that the petitioner shall 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 facts to the Court or to any police officer. 9. With the above observation and direction, this bail application stands disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant