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2026 DAILYLAW 6161 (GAU)

ASHEK ALI ALIAS ASHIK ALI AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./1114/2026 · 2026-05-10

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010081722026 2026:GAU-AS:6384 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1114/2026 ASHEK ALI ALIAS ASHIK ALI AND 2 ORS. S/O ASHRAF ALI RESIDENT OF VILL- CHARABARI (BILPAR), P.O. KHOPANIKUCHI, P.S. HAJO, DIST. KAMRUP, ASSAM 2: HATEM ALI @ HATIM ALI S/O ASHRAF ALI RESIDENT OF VILL- CHARABARI (BILPAR) P.O. KHOPANIKUCHI P.S. HAJO DIST. KAMRUP ASSAM 3: KARAM ALI S/O ASHRAF ALI RESIDENT OF VILL- CHARABARI (BILPAR) P.O. KHOPANIKUCHI P.S. HAJO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P K MUNIR, MR. A. GAYAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Page No.# 2/3 Date : 11.05.2026. Heard Mr. A. Gayan, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Addl.P.P., Assam appearing for the State respondent. 2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, namely, (1) Ashek Ali @ Ashik Ali, (2) Hatem Ali @ Hatim Ali and (3) Karam Ali, in connection with the Hajo P.S. Case No. 98/2026, under Sections 189(2)/131/115(2)/117(2)/109/61(2)/91/304/76 of the BNS, 2023. 3. The case diary is received and perused the same. 4. It is submitted by Mr. Gayan, the learned counsel that the present accused petitioners are innocent and have not committed any such offence as alleged against him in the FIR. He further submitted that accused petitioners are in the custody since last 57 days and hence, considering their length of detention, their prayer for bail may be considered. 5. Mr. Baishya, the learned Addl. P.P., Assam submitted in this regard that there are sufficient incrimination materials available in the case diary against the present petitioners. However, it is submitted that the medical report of the victim shows that the victim sustained minor injuries on his person. 6. Considering the submissions made by the learned counsels for both sides, I have also perused the case diary and considering the materials available in the case diary, medical report vis-à-vis the length of detention already undergone by the accused petitioners, this Court is of the opinion that further custodial Page No.# 3/3 interrogation may not be necessary for the purpose of investigation. 7. 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 the accused persons, 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. 8. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant