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2026 DAILYLAW 7052 (GAU)

ANWAR HUSSAIN AND ANR v. THE STATE OF ASSAM

Bail Appln./1209/2026 · 2026-05-24

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010091102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1209/2026 ANWAR HUSSAIN AND ANR S/O LATE NURUL ISLAM, R/O BARUAH CHUK 1, NO. CHAULKORA, P.O. SIVASAGAR, P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN 785667 2: AFTER HUSSAIN @ JAKIR HUSSAIN @ JAKIR ALI S/O LATE NURUL ISLAM R/O BARUAH CHUK 1 NO. CHAULKORA P.O. SIVASAGAR P.S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN 78566 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. T DEURI, MS. L WANGSA,U BHARADWAJ,MR N MILI Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PRANJAL DAS ORDER 25.05.2026 Page No.# 2/3 1. Heard Mr. T. Deuri, learned counsel appearing for the accused petitioner through online mode assisted by Mr. N. Mili as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. 2. The petitioners were arrested on 30.12.2025 and 02.01.2026 respectively in connection with Sivasagar P.S. Case No. 202/2025, under Sections 118(2)/109/3(5) of BNS, 2023 and the case after investigation charge-sheeted and presently undergoing trial in Sessions Case No. 08(S-S)/2026 pending in the Court of learned Additional Sessions Judge, FTC, Sivasagar. 3. The gist of the allegations in the FIR dated 30.12.2025 lodged by the informant, Smti. Upasa Devi is about causing of assault upon her younger brother by group of miscreants causing serious injuries. 4. In the meantime, the investigation of the case stood completed, resulting in a charge sheet vide C.S. No.5 of 2026, dated 31.12.2025, under Sections 118(2)/109/3(5) of BNS, 2023. 5. The scanned TCR has been received. The charge-sheet have been submitted against two accused persons, both of whom are the petitioners herein. 6. It is submitted that in the meantime, the trial has also progressed and the victim as well as the informant have been examined. The same is not disputed by the prosecution and from the scanned record, I find that the informant and victim have been examined as PW-1 and PW-2 respectively. So far, three witnesses have been examined in total and in the charge-sheet, eight (8) witnesses are listed. 7. In view of the length of detention, the completion of investigation and also Page No.# 3/3 some progress of trial by way of examination of the informant as well as victim - I am of the considered view that the accused persons can be granted bail at this stage subject to suitable conditions. Accordingly, the petitioners named above, shall be released on bail on furnishing bail bond of Rs.50,000/- each with one suitable sureties of the like amount each to the satisfaction of learned concerned Court, subject to the following conditions:- (a) That the petitioners shall be available for the remaining trial; (b) That the petitioners shall not hamper or tamper with evidence; and (c) They shall not in any manner harm or harass or intimidate the informant/victim and their families. (d) They shall not in any manner try to influence or intimidate witnesses. 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant