Page No.# 1/4 GAHC010063822026 2026:GAU-AS:5010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./895/2026 SAHIDUL SK AND 4 ORS. S/O SAHJAHAN SK, R/O NO 1 MATIAPARA, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM 2: ABDUL BASHED ALIAS ABDUL BASER S/O ABDUL KARIM ALI R/O NO 1 MATIAPARA PS GOSSAIGAON DIST KOKRAJHAR ASSAM 3: NASER KHAN ALIAS NASIR HASSAN S/O ABDUL HALIM SK R/O NO 1 MATIAPARA PS GOSSAIGAON DIST KOKRAJHAR ASSAM 4: MANJUR HASAN ALIAS MUNZUR HASAN S/O ABDUL HALIM SK R/O NO 1 MATIAPARA PS GOSSAIGAON DIST KOKRAJHAR ASSAM 5: CHAYED ALI S/O LT ASHIRUDDIN SK R/O 2 NO SAPKATA PS GOSSAIGAON DIST KOKRAJHAR ASSA VERSUS Page No.# 2/4 THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,MR. SURAJIT DAS,MD A RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 06-04-2026 Heard Mr. S. Nawaz, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Sahidul Sk; (ii) Abdul Bashed @ Abdul Baser; (iii) Naser Hasan @ Nasir Hassan; (iv) Manjur Hasan @ Munzur Hasan and (v) Chayed Ali in connection with Gossaingaon P.S. Case No. 46/2026 under Sections 126(2)/127(2)/118(2)/74/3(5) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Nawaz, learned counsel that the petitioners are in custody for last 31 days and thus, the I.O. got sufficient opportunity to interrogate them, keeping them in custody. 5. He further submitted that it is not denied by the petitioners that they were also the part of the mob, but there was no active role and they have not committed the offence as alleged against them. Page No.# 3/4 6. He further submitted that there may be sufficient progress of investigation as they are in custody since last 31 days and hence, their further custodial interrogation may not be required for the purpose of investigation of the case. 7. Mr. Goswami, learned APP raised objection and submitted that from the materials available in the case diary it is seen that these petitioners are being identified by the witness who were present in the mob where they detained a lady who is stated to be mentally unsound woman, who was tortured and beaten by the mob, wherein the petitioners were also the part of the mob. 8. He further submitted that from the medical report also it reveals that the victim sustained a fracture injury on her right ankle and also sustained lacerated injury on her scalp. Mr. Goswami, learned APP however, submitted that the type of weapon is not described by the medical officer, but it is grievous in nature. 9. In that context, Mr. Nawaz, learned counsel further submitted that if there was no use of sharp object, the Section 118(2) of BNS will not be attracted in the present case. Accordingly, he submitted that considering the length of detention already undergone by the petitioners, the prayer for bail may be considered. 10. However, the petitioners are ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 11. Considering the entire submissions made by the learned counsel for the parties and the materials available in the case diary vis-a-viz, the length of detention already undergone by the petitioners, I find that further custodial detention of the petitioners are not required for the purpose of investigation of the case and as such I find it a fit case to extend the privilege of bail. Page No.# 4/4 12. Accordingly, the accused/petitioners, namely, (i) Sahidul Sk; (ii) Abdul Bashed @ Abdul Baser; (iii) Naser Hasan @ Nasir Hassan; (iv) Manjur Hasan @ Munzur Hasan and (v) Chayed Ali, be released on bail in connection with Gossaingaon P.S. Case No. 46/2026 under Sections 126(2)/127(2)/118(2)/74/3(5) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each only, with one surety of like amount to the satisfaction of the learned SDJM (M), Gossaigaon subject to the following conditions:- (i) that the petitioners 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 P.S. Case and (ii) that the petitioners 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. 13. With the above observation and direction, this bail application stands disposed of. 14. Return the case diary herewith. JUDGE Comparing Assistant