Page No.# 1/3 GAHC010023022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./373/2026 IKBAL HUSSAIN ALIES IKBAL AHMED S/O JAMAL UDDIN ALIES BABU R/O. VILLAGE KABARIBOND, P.S. PATHARKANDI, DISTRICT SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MRS. S D CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.02.2026 1. Heard Mr. S. Munir, learned counsel appearing for the accused petitioners as well as R. R. Kaushik, learned Additional Public Prosecutor, Assam. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the Page No.# 2/3 accused-petitioners, namely, Ikbal Hussain @ Ikbal Ahmed , praying for grant of bail in connection with Patharkandi PS Case No.253/2025 under Section 61(2)/103(2)/238 of BNS,2023. 3. The petitioner was arrested on 03.12.2025. 4. On 01.12.2025, one FIR was lodged with the allegation that on 25.11.2025 in the evening one Iqbal Hussain, the petitioner came to the house of the informant and took his son Sadikul Hoque on a motor cycle. Later he found in injured condition and taken to the hospital but he was found to be dead. Subsequently, video recorded by one Abdul Sahid was stated to be sent to them which showed six persons including the present petitioner assaulting the deceased. 5. After the last rejection, the case diary was sent back but it had to be procured again soon after, for this subsequent bail petition. Nevertheless, on perusal of the case diary, it appears that the forensic report is awaited to finalize the opinion regarding death. However, the postmortem report is available which reveals multiple needle puncture marks in both cubital fossa area. In this context, the learned counsel of the petitioner submits that the deceased was unfortunately taking drugs. It is submitted by the learned counsel for the petitioner that the petitioner and the deceased were in the friends. 6. I find that during investigation, the statements of several witnesses have been examined and the statement of one witness, purportedly an eyewitness, has also been recorded before Magistrate. It appears that significant part of the investigation is already over and the FSL report is awaited to finalize the opinion regarding death in the postmortem report. In the postmortem report, though some of the organs like lung, brain, etc. have been mentioned as congested, but apart from aforementioned needle puncture marks, I have not noticed mention of any injuries. Page No.# 3/3 7. Considering the facts and circumstances prevailing at this stage, including the progress of investigation and the length of detention— I am of the considered view that perhaps this subsequent bail petition can be allowed. 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner: (a) shall be available during the remaining investigation. (b) shall not hamper or tamper with evidence. 9. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant