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2026 DAILYLAW 4769 (GAU)

MANOWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./961/2026 · 2026-04-21

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010066382026 2026:GAU-AS:5486 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./961/2026 MANOWAR HUSSAIN SON OF ALI HUSSAIN R/O SOULMARI, SALEDAL, P.O. BAIHATA CHARIALI P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM PIN-781381 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 22.04.2026 Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application has been filed under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Manowar Hussain, who is in custody since 26.02.2026, in connection with Baihata Chariali PS Case No. 41/2026 registered under Section 281/125(b)/117(2)/109/3(5) of the BNS, 2023. 3. The learned counsel for the petitioner submits that the petitioner, being a mechanic by profession, was riding the motorcycle for testing purposes when, during such testing, the vehicle accidentally hit the brother of the informant, causing him some injuries. It is contended that the incident was purely accidental in nature and not a deliberate act or an attempt to cause injury to any person on the roadside. It is further submitted that the petitioner has already been in custody for a period of 56 days, and therefore, he may be granted the privilege of bail. 4. The learned APP submits that the case diary has been received. The learned APP has submitted that the IO has objections to the grant of bail to the petitioner at this stage of investigation since the allegations are serious. On perusal by the Court, the CD does not indicate any prior enmity between the petitioner and the injured person. 5. Having regard to the length of detention of the petitioner and upon consideration of the contents of the case diary, this Court is of the opinion that the petitioner may be allowed the privilege of bail. Accordingly, the petitioner, namely, Manowar Hussain, shall be released on bail upon furnishing a bond of Page No.# 3/3 Rs. 30,000/- with two sureties, one of whom shall be a local person and the other shall possess immovable property within the jurisdiction of the learned SDJM, Rangia, to the satisfaction of the said Court. The learned SDJM shall be at liberty to impose such further conditions as may be deemed necessary. 6. Bail application is disposed of. JUDGE Comparing Assistant