Page No.# 1/3 GAHC010003012026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./112/2026 MOINUL HOQUE S/O- INSAR ALI, R/O- UCHITA, PS- GOLAKGANJ, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B HUSSAIN, A. MISRA,MR S A BARBHUYAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.03.2026 Heard learned Counsel for the petitioner. Also heard Additional Public Prosecutor. This is an application for bail in respect of the petitioner who was arrested on 16.09.2025 in connection with Golakganj PS Case No. 228/2025 under Page No.# 2/3 Section 61(2)/103(1) BNS and since then he has been in custody. As per the allegations contained in the FIR, the son of the informant Ekramul Hoque, aged about 25 years, on 12.09.2025 at about 11:00 pm, received a phone call from an unknown person who asked him to go out for fishing. Accordingly, his son went out from the house. Thereafter, during the same night, when Ekramul Hoque’s mobile phone was found switched off, the family members started searching for him. Subsequently, on the next day at about 11:30 hours, his dead body was found lying in the water near ARB Brick Industry. On seeing the dead body, it was found that he had sustained injuries caused by a sharp weapon, indicating that he was assaulted and killed by someone. On receipt of the complaint, a case was registered and investigation was taken up. Subsequently, the body of the deceased Ekramul Hoque was discovered in a water body. The police during investigation also recovered certain items like dagger, torch light etc. On perusal of the charge sheet, it appears that the deceased died as a result of asphyxia due to ante mortem drowning and he also sustained injuries caused by heavy sharp cutting weapons which were ante mortem and homicidal in nature. The case appears to be based on statements of the accused persons themselves below the policies which cannot be taken into consideration for the purpose of deciding the bail application. The learned Counsel for the petitioner with reference to the statement of the accused Moinul Hoque available in the TCR which submits that the incident took place as a result of mutual fight as the deceased was blackmailing the petitioner and therefore, the case may not be one of culpable homicide amounting to murder. I have perused the material available in record including the charge sheet Page No.# 3/3 as well as the statements of witnesses. Considering the same as well as the period of detention already undergone, the prayer for bail is allowed. Thus petitioner shall be allowed to go on bail of Rs. 50,000/- with a surety of like amount to the satisfaction of the learned Trial Court. It is further provided that: i) The petitioner shall regularly appear at the trial, i) The petitioner shall not try to influence or intimidate the witness or tamper with the evidence in any manner. Petition stands disposed of accordingly. JUDGE Comparing Assistant