Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010085732026
2026:GAU-AS:7050
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1154/2026 MAJAM ALI AND ANR S/O- LATE RAIM BOX, R/O- KNOWARPUR, P.S.- HAJO,, DISTRICT- KAMRUP (R), ASSAM 2: JAHIDUL ALLI @ JAHEDUL S/O- SADAR ALI R/O- KHOPNIKUCHI P.S.- HAJO DISTRICT- KAMRUP (R) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MR. D N AMIN,MRS. S BEGUM Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 21.05.2026. Heard Mr. S.M. Mollah, learned counsel for the petitioner. Also heard Mr. K,K, Das, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3
2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, namely, Majam Ali and Jahidul Ali @ Jahedul, who have been arrested on 24.02.2026, in connection with the Hajo P.S. Case No. 67/2026, under Sections 126(2)/117(2)/109/3(5) of the BNS, 2023. 3. The case diary is received and perused the same. 4. It is submitted by Mr. Mollah, the learned counsel that the present accused petitioners are innocent and have not committed any such offence as alleged against them in the FIR. He submitted that there was an altercation and scuffle between the parties and that apart, no other incident had happened. He further submitted that the injured person subsequently died in the hospital. Mr. Mollah, the learned counsel further submitted that the petitioners are in the custody for last 87 days and hence, considering their length of detention also, they may be released on bail. He further submitted that one of the accused person is yet to be arrested and hence, there is no probability of filing of the charge sheet within next 2/3 days. However, the petitioners are still ready to extend their cooperation in further investigation of the case, if they are provided with the privilege of bail. 5. Mr. Das, the learned Addl. P.P., Assam raised objection and submitted that the deceased died due to coma as a result of head injuries, which are ante mortem in nature and that apart, Section 103 of the BNS, 2023 was subsequently added in the present case. The case is still under investigation though there is sufficient progress. 6.
Hearing the submissions made by the learned counsels for both sides, I
Page No.# 3/3 have also perused the case diary and without going detail into the merit of the case, only considering the length of detention, I find that further custodial interrogation of the present accused persons may not be required for the purpose of investigation. As such, I find it to be a fit case wherein the privilege of bail can be extended to the present accused petitioners. 9. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount for each of them, to the satisfaction of the learned Judicial Magistrate First Class at Hajo, the accused petitioners, named above, be enlarged on bail, subject to the following conditions: (i) that the accused petitioners will not, directly or indirectly, make any inducement, threat 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; (ii) that the accused petitioners will not leave the jurisdiction of the learned Judicial Magistrate First Class at Hajo, without prior permission, and (iii) that the accused petitioners will submit copy of their Aadhar Card and PAN Card before the learned Judicial Magistrate First Class at Hajo. 10. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant