Page No.# 1/4 GAHC010048792026 2026:GAU-AS:5092 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/589/2026 MD MAINUL ISLAM SO FAJLUL ISLAM, RO MOHBONDHA NATUN LINE, PS PULIBOR, DIST JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S YESMIN, MR D MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 06.04.2026 Heard Mr. D. Medhi, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. By this application filed under Section 482 of the BNSS, 2023 the petitioner, namely, Md. Mainul Islam, has prayed for pre-arrest bail in connection with Pulibor P.S. Case No. 97/2025 under Section 103/3(5) of Page No.# 2/4 BNS, 2023. 3. This is a subsequent bail petition as the earlier bail petition was rejected on 26.09.2025 in AB 2320/2025. 4. The allegations in the FIR dated 29.07.2025 are that on 23.07.2025 in the evening while the informant’s father was returning home from the market, the FIR named persons including the present accused gheraoed him and dealt blows, kicked and slapped causing grievous injuries in order to kill him. 5. It is submitted by the learned counsel for the petitioner that due to poor financial condition, treatment was not given properly and on 29.07.2025 informant’s father expired. It is also alleged that the incident was caused with the intention to misappropriate their land. 6. The learned counsel for the petitioner drawing attention to the relevant documents regarding the opinion of death, points out that it is stated therein about natural death. It is submitted that in the statements of eyewitnesses, they have stated about the presence of sons of the petitioner rather than the petitioner. He has also submitted that the informant himself has mentioned about land dispute in the FIR. It is also submitted there is delay in lodging the FIR. 7. On the other hand, the learned Additional Public Prosecutor submits that the petitioner was absconding since the day of the incident and despite search, he could not be found and he was shown as absconding in the charge-sheet. The learned court has issued NBWA against him. The eyewitnesses have implicated him. Charge has not been framed and witnesses not examined so far. Therefore, he has objection to grant bail at this stage in the subsequent petition. Page No.# 3/4 8. The scanned record as called for has been received and I have perused the relevant portions of the same. The final opinion regarding death has been rendered after receipt of the forensic report and in the said final opinion dated 27-10-2025, it is stated that death is due to syncope as a result of chronic coronary insufficiency and the same has been mentioned as natural death. Nevertheless, the materials that were collected for investigation and capsulated in the charge-sheet indicate that the victim was a subject of assault by the accused persons, including the present petitioner. 9. Nevertheless, it has been brought to my notice that another co- accused was granted bail by this Court after being in custody. 10. Further, it is not disputed that the case is poised for commencement of trial. In view of the stage of the case and the nature of the final opinion regarding death, I am of the considered view that – perhaps this subsequent bail petition which is being adjudicated considerable time after the date of last rejection – can be allowed. 11. In such view of the matter, it is directed that in the event of arrest of the petitioner in connection with this case, he may be allowed to go on bail of Rs. 50,000/- with one surety of the like amount to the satisfaction of the arresting authority and subject to the condition(s) that the petitioner : 12. The direction for bail is further subject to the condition(s) that the petitioner: (a) shall be available for trial; (b) shall not hamper or tamper with evidence; and (c) shall not intimidate or harass or try to influence witnesses or the informant side. Page No.# 4/4 13. Violation or breach of condition(s) shall entail cancellation of the bail. 14. The bail petition stands disposed of. JUDGE Comparing Assistant