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2026 DAILYLAW 4994 (GAU)

SAIDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./401/2026 · 2026-02-26

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010024962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./401/2026 SAIDUL ISLAM S/O JACHIMUDDIN @ JOSHIM UDDIN R/O 2 NO. GAGOL MARI, P.S - MAYONG, DIST - MORIGAON, ASSAM, PIN- 782121 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM Advocate for the Petitioner : M U BARBHUYAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 27.02.2026 Heard Mr. F.K.R Ahmed, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor for the State. 2. This is an application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023 praying for grant of bail to the accused Page No.# 2/3 applicant in connection with Jamunamukh P.S. Case No.01/2026, registered under Sections 310(4) of BNS, 2023 read with Section 25(1)(a) of Arms Act. 3. The gist of the case, as narrated in the FIR dated 01.01.2026 lodged by one Jayanta Narah, SI, at Jamunamukh Police Station inter alia alleging that on the same date, on receipt of reliable information that a group of five persons were preparing to commit dacoity on National Highway 36, the police team proceeded to the aforesaid spot and intercepted a vehicle, from which the police recovered one 122 mm pistol made in China from the possession of one Selima Khatun. The police team apprehended five persons, including the accused applicant from the vehicle. 4. The learned counsel appearing for the accused applicant submits that the accused applicant has been behind the bars for the last 58 days and he has been arrested only on the basis of suspicion, and no pistol or any arms have been recovered from his personal possession. Therefore, he submits that the accused applicant should be granted bail at this stage. 5. The Case Diary in the instant case has been received and the same has been perused. 6. The learned Addl. P.P., on the other hand, submits that the case relates to an attempt to commit dacoity, from which the police recovered a live pistol with active bullets. He further submits that after the arrest, on the intimation of the accused person, another pistol was recovered by the police. In view of the aforesaid materials, he submits that this is not a fit case in which the bail should be granted. Page No.# 3/3 7. This Court has gone through the materials brought before this Court by way of the Case Diary, as well as heard the submissions of the learned counsel for the parties, and is of the considered opinion that, at this stage, the accused applicant should not be granted bail. Accordingly, the bail application is rejected. JUDGE Comparing Assistant