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2026 DAILYLAW 674 (GAU)

RAJU AHMED AND ANR v. THE STATE OF ASSAM

Bail Appln./428/2026 · 2026-03-08

Rajesh Mazumdar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010027222026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./428/2026 RAJU AHMED AND ANR S/O RIAZUDIN AHMED R/O VILL SIMALIYA, NALBARI P.O.MULARKUCHI, P.S.BELSOR DISTRICT- NALBARI, ASSAM PIN-781303 2: ARIFUL HUSSAIN S/O NAJIR ALI R/O VILL- BIHAMPUR NALBARI P.O. MULARKUCHI P.S. BELSOR DIST. NALBARI ASSAM PIN-78130 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, MD. K ISLAM,FARNAZ N A HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.03.2026 Heard Mr. SK. S. N. Mohammad, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This bail application under Section 483 of the BNSS, 2023 praying for granting bail to the petitioners, namely, Raju Ahmed and Ariful Hussain, in connection with Patacharkuchi P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023. 3. The Case Diary (CD) called for has been received. 4. The ground of arrest of the petitioners is shown to be the analysis of the CDR and tower dump data by the Cyber Cell, Bajali, which allegedly shows the presence of the accused persons at the place of occurrence during the midnight of 16.01.2026–17.01.2026. However, the Case Diary does not reveal recovery of any incriminating item from the petitioners, and the primary basis for their arrest appears to be the analysis of the CDR. 5. Custodial interrogation was allowed for the purpose of revealing their role, participation, and the alleged planning of the offence, which required verification through custodial interrogation. 6. The petitioners have already been in custody for 39 days. 7. In the circumstances, this Court is of the opinion that the petitioners may be granted bail at this stage, subject to their cooperation in the investigation. 8. Accordingly, the petitioners are allowed to go on bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount, to the satisfaction of the learned jurisdictional court in connection with Patacharkuchi Page No.# 3/3 P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023. 9. The learned jurisdictional court shall be at liberty to impose such conditions as may be deemed necessary to ensure their participation in the investigation. The petitioners shall cooperate with the investigation, and in case of failure to do so, the investigating authority shall be at liberty to bring the same to the notice of the learned jurisdictional court for cancellation of bail. JUDGE Comparing Assistant