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2026 DAILYLAW 6968 (GAU)

ABDUL KHALEQUE v. THE STATE OF ASSAM

Bail Appln./1285/2026 · 2026-05-25

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010096892026 2026:GAU-AS:7328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1285/2026 ABDUL KHALEQUE S/O LATE ASORUDDIN, R/O NATUN CHARABORI, P.S. HAJO, DIST. KAMRUP, ASSAM, PIN 781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : G UDDIN, MR S ISLAM,MR A K AZAD,P ADHIKARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.05.2026 Heard Mr. G. Uddin, learned counsel for the petitioner and Mr. R.J. Baruah, 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 petitioner namely, Abdul Khaleque, has prayed for bail as he is behind bars since 12.05.2026 in connection with Hajo P.S Case No. 181/2026, registered under Sections 287/288/3(5)/303(2)/317(2) of BNS. 3. The learned Additional Public Prosecutor has raised serious objection against the bail prayer stating that there are incriminating materials in the case diary against the petitioner. The petitioner is not cooperating very well with the investigation. The petitioner is booked under serious offences and his custodial detention is required for the progress of investigation. 4. The learned counsel for the petitioner has submitted that the petitioner is willing to cooperate with the investigation and the petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 5. The petitioner is an elderly person aged about 51 years and is suffering from ailments and his medical condition is serious. 6. The medical documents are annexed as Annexure-7 series. Page No.# 3/4 7. It is submitted by the learned counsel for the petitioner that the petitioner may not be provided with proper treatment in the jail premises. 8. Considering the submissions at the Bar, it appears that the bail may be granted to the petitioner. 9. The LPG cylinders have already been seized in connection with this case. Investigation has also progressed to a certain extent. It appears that further custodial detention may not be required. 10. I have also considered the submission that the petitioner is willing to cooperate with the investigation and to abide by any stringent bail conditions, if imposed upon him. 11. Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned Judicial Magistrate First Class, Hajo/ Elaka Magistrate with following conditions: (i) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (ii) the petitioner shall cooperate with the investigation; (iii) the petitioner shall refrain from such activities with which he is alleged; (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 12. On breach of any of the bail conditions, bail order shall stand cancelled. Page No.# 4/4 13. Send back the case diary. 14. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant