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2026 DAILYLAW 6818 (GAU)

SHAKIL HUSSAIN AND ANR v. THE STATE OF ASSAM

Bail Appln./1368/2026 · 2026-05-26

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010102752026 2026:GAU-AS:7381 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1368/2026 SHAKIL HUSSAIN AND ANR S/O BILLAL HUSSAIN R/O - SHAKTI NAGAR, WARD NO 09, P.S - BARPETA ROAD, DIST - BARPETA,ASSAM 2: MOHAMMAD SAHEB S/O MD NIZAM R/O - SHAKTI NAGAR WARD NO 09 P.S - BARPETA ROAD DIST - BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.05.2026 Heard Mr. H.A Ahmed, learned counsel for the petitioners and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioners namely, Shakil Hussain and Mohammad Saheb, have prayed for bail as they are behind bars since 15.04.2026 in connection with Barpeta Road P.S Case No. 32/2026, registered under Section 61(2)(a) /318(4) /316(2)/336(3) of BNS, R/W Section 66(C)/66(D) IT Act, 2000. 3. It is submitted on behalf of the petitioners that their right to personal liberty has been curtailed as they were not produced before the learned Magistrate within 24 hours after they were apprehended by the Police on 14.04.2026. 4. Annexure-4 clearly reveals that the petitioners were apprehended by the Police on 14.04.2026 but they were shown as formally arrested on 15.04.2026 at about 3:00 PM, whereas they were apprehended on 14.04.2026 at about 2:32 PM. 5. I have considered the submissions at the Bar with circumspection. 6. The petitioners have been behind bars for 42 days. Presumably, the investigation may have progressed to some extent. It appears that further custodial detention of the petitioners may not be required. The petitioners were arrested in connection with cyber fraud. The petitioners are local residents and Page No.# 3/3 they have undertaken to abide by any stringent bail conditions, if imposed upon them. 7. Considering the entire aspect of the matter, the above-named petitioners are enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) only each with one surety each of like amount subject to the satisfaction of the learned CJM, Barpeta with following conditions: (i) the petitioners shall refrain from such activities with which they are alleged; (ii) the petitioners shall appear before the I.O on every fortnight, till completion of the investigation; (iii) the petitioners shall not tamper with the evidence; (iv) the petitioners shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, bail order shall stand cancelled. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant