Page No.# 1/4 GAHC010007322026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./191/2026 HAMED ALI AND ANR S/O AKBAR ALI VILLAGE - KHAILSAMARI P.S.- AGIA DISTRICT - GOALPARA ASSAM. 2: MAHALOM ALI S/O HAMED ALI VILLAGE - KHAILSAMARI P.S.- AGIA DISTRICT - GOALPARA ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. N UDDIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA Page No.# 2/4 ORDER Date : --20.02.2026 Heard Mr. HRA Choudhury, the learned Senior Advocate assisted by Mr. N. Uddin, the learned counsel for the petitioners. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of 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 01.12.2025 in connection with Agia P.S. Case No. 72/2025 u/s 61(2)/115(2)/103/3(5) of BNS Act. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned Senior Counsel for the petitioners that these accused are innocent and they have not committed any such offence as alleged in the FIR. However, it is a fact that there was a dispute/scuffle between the parties and unfortunately one person died out of said scuffle. All the petitioners as well as the informant side are relatives and due to some earlier dispute only, the incident had happened. But, these two petitioners are in custody since last 82 days and hence considering the length of detention already undergone by the accused/petitioners, they may be released on bail as the I/O got sufficient opportunity to interrogate both the petitioners keeping them in custody. However, they are still ready and willing to extend their cooperation in the further investigation of this case, if they are granted with the privilege of bail. 5. Mr. Sharma, the learned Addl. PP raised objection and submitted that only length of detention cannot be the sole consideration for granting bail. He Page No.# 3/4 submitted that as per the incriminating materials available in the Case Diary it is seen that these two accused/petitioners are also involved in the alleged offence who committed murder of a person by assaulting with weapon. There are many eye-witnesses and the Post Mortem Report also supports the contents of the FIR. Accordingly, he raised objection in granting bail to the present petitioners. 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and it is seen that there are incriminating materials against the present two petitioners also, who is involved in the alleged offence. However, it is seen that these two petitioners are in custody for a considerable period and thus the I/O got sufficient opportunity to interrogate them keeping them in custody. Further, it is seen from the Case Diary that the case is still under investigation and hence the probability of filing of the charge-sheet within short period also may not be possible. 7. Considering these aspects of the case and without going detail into the merit of the case, only considering the length of detention already undergone by these petitioners, this Court is of the view that they are entitled for privilege of bail at this stage. 8. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Goalpara. The accused/petitioners, namely [1] Hamed Ali and [2] Mahalom Ali, 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 Page No.# 4/4 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, Goalpara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant