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2026 DAILYLAW 604 (GAU)

MD DIL ISLAM ALIES DIN ISLAM v. THE STATE OF ASSAM

Bail Appln./3823/2025 · 2026-03-17

Mitali Thakuria

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010263042025 2026:GAU-AS:3893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3823/2025 MD DIL ISLAM ALIES DIN ISLAM S/O MD MOIDUL ISLAM PERMANENT R/O- VILL - DEJOO PATHAR, P.S - NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS A GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 18.03.2026. Heard Mr. S. Gogoi, learned counsel for the accused petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing on behalf of the State respondent. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Md. Dil Islam @ Din Islam, who was arrested on Page No.# 2/3 08.11.2025, praying for grant of bail in connection with Bihpuria P.S. Case No.221/2025 (corresponding to G.R Case No. 1037/2025) under Sections 137(2) of BNS, 2023. The scanned copy of the TCR along with the case diary is received and perused the same. It is submitted by Mr. Gogoi, the learned counsel for the petitioner that the present accused petitioner is innocent and he has not committed any such offence as alleged in the FIR. Further, from the statement made by the victim, it is seen that she did not brought any sexual assault on her, while she went with the accused at her own will. Considering all this aspect, this Court had granted interim bail to the present accused petitioner on 18.12.2026. Further, the petitioner is ready to face the trial of the case and he may by allowed to remain on bail, with the same terms and conditions as per the earlier order dated 18.12.2026. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that the case is at the stage of copy and the last date was fixed on 20.02.2026. However, he submitted that considering the statement made by the victim under Section 183 of the BNS, 2023 and other aspects of the case, the petitioner may be provided with an opportunity to appear before the learned Trial Court with a prayer for regular bail. Hearing the submissions made by the learned counsel for both sides and considering all aspects of the case including the statement made by the victim under Section 183 of the BNS, 2023 etc., I find that custodial detention of the Page No.# 3/3 accused petitioner may not be required in the present case. In view of this, the order of interim bail granted to the accused petitioner on 18.12.2025, is hereby made absolute in the same terms and conditions. With the above observation, the present bail petition stands allowed and disposed of. JUDGE Comparing Assistant