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2026 DAILYLAW 5296 (GAU)

SAFIKUL DEWAN ALIAS SAIKUL AND ANR v. THE STATE OF ASSAM

Bail Appln./743/2026 · 2026-04-28

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010048732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : Bail Appln./743/2026 SAFIKUL DEWAN ALIAS SAIKUL AND ANR S/O SAMAD DEWAN RESIDENT OF RADHAKUCHI P.S. BARPETA DIST. BARPETA ASSAM 2: NAJMUL HAQUE S/O JAYNAL ALI RESIDENT OF MERUATTARY P.S. MUKALMUWA DIST.NALBARI ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. N HAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 29 .04. 2026 Heard Mr. N.J. Dutta, learned counsel for the petitioners and Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This bail application has been preferred by the petitioners namely, (1) SAFIKUL DEWAN @ SAFIKUL and (2) NAJMUL HAQUE under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Mukalmua P.S. Case No. 05/2026 registered under Sections 318(4)/ 316(2)/ 61(2)(b)/ 323/ 338/ 336(3)/ 340(2)/ 111(2)(b)/ 111(4) of the BNS, 2023 read with Sections 43/ 66/ 66(C)/ 66(D)/ 24(C) of the I.T. Act, who were arrested on 15.01.2026 and 19.02.2026 respectively. 3. It is submitted by the learned counsel for the petitioners that the main accused Babi Dul Islam has already been granted bail in connection with the said case and the present petitioners have spent 102 days and 70 days respectively as on today in custody. The learned Addl. P.P. submits that since the case diary is not updated, the information whether the charge sheet has been submitted or nor is not available. 4. Be that as it may, the principal accused Babi Dul Islam has already been granted bail and as such the present petitioners namely Safikul Dewan @ Safikul and Najmul Hque are entitled to be released on bail. 5. Having regard to the above, it is provided that the petitioners above named shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only each with 2 (two) sureties each of the like amount to the Page No.# 3/3 satisfaction of the learned Eleka Magistrate. 6. It is further provided that the petitioners:- (i) shall continue to cooperate with the trial of the case as when commences well as the investigation of the case as and when requires; (ii) shall not hamper the investigation or tamper with the evidence of the case; and (iii) shall not try to influence any persons or witnesses acquainted with facts of the case, in any manner. 7. With the aforesaid direction, this bail application stands disposed of. JUDGE Comparing Assistant