Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010081692026
2026:GAU-AS:5923
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1107/2026 SAMSER ALI S/O ASRAF ALI VILL- KAZAIKATA PART-V,P.O. KAZAIKATA,P.S. BILASIPARA, DIST.
DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM, MR A ALAM,MR R A AHMED,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 29-04-2026
Heard Mr. B Islam, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail of the accused/petitioner who was arrested in connection with this case on 16.03.2026 in connection with Serfanguri P.S. Case No. 02/2026 u/s 318(4)/299/64/62/3(5) BNS, 2023. 3. It is submitted by Mr. Islam that the present accused/petitioner is innocent and he is no way connected in the alleged offence. He had only some business transaction with the husband of the informant and as per the request, he introduced some person as a Kabiraj for their child who is unable to walk. That apart he is not connected with the alleged offence. However, on demand made by the informant, he already returned Rs. 2,00,000/- to the informant, which was alleged to have been taken by the person who was doing the kabiraji in the house of the informant. However, the accused/petitioner got arrested in the case and since 16.03.2026 he is in custody and hence considering his period of detention he may be released on bail as the I/O got sufficient opportunity to interrogate him keeping him in custody. However, the petitioner is still ready and willing to extend his cooperation in further investigation of this case, if he is granted with the privilege of bail. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that he was earlier arrested in similar kind of offence and Rs. 7.5 lakhs has been alleged to have been taken by the petitioner along with the others and hence Case Diary will reveal the actual facts of the case. 5. Considering the submission made by learned counsel for both sides, without going into detail into the merit of the case and considering the length of detention already undergone by the accused/petitioner, this Court is of the opinion that I/O got sufficient opportunity to interrogate him and hence his further custodial interrogation may not be required for the purpose of
Page No.# 3/3 investigation. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar.
The accused/petitioner, namely Samser Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kokrajhar without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant