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2026 DAILYLAW 7140 (GAU)

SAMIDUL ISLAM ALIAS SANIDUL ISLAM AND ANR v. THE STATE OF ASSAM

Bail Appln./1109/2026 · 2026-05-31

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010089102026 2026:GAU-AS:7621 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. :Bail Appln./1109/2026 SAMIDUL ISLAM ALIAS SANIDUL ISLAM AND ANR S/O SOIMUDDIN MOLLAH R/O VILL MARICHBARI RESERVE PO DHUMERGHAT PS LAKHIPUR DIST GOALPARA ASSAM PIN 783330 2: SOLEMAN ALI S/O SOIMUDDIN MOLLAH RO VILL MARICHBARI RESERVE PO DHUMERGHAT PS LAKHIPUR DIST GOALPARA ASSAM PIN 783330 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : R AMIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.06.2026 Heard Mr. R. Amin, learned counsel appearing for the accused applicants and Mr. P. S. Lahkar, learned Addl. PP for the State of Assam. 2. This is an application filed under Section 483 of BNSS, 2023 praying for granting regular bail to the accused applicant in connection with Lakhipur P.S. Case No.48/2026 under Sections 61 (2)/103 (1) of BNS, 2023. 3. An FIR was lodged on 29.03.2026 at about 09.00 PM by the informant alleging that his minor daughter went to the house of the accused applicant No. 1 at about 04.30 PM and when she came back, she was found to be sick. It was alleged that his minor daughter sustained certain injuries and there were some traces of cleaning the blood from her face. After seeing the aforesaid, the informant wanted to take her minor daughter to the hospital but the accused applicant No. 1 tried to obstruct him rather advised him to go to some laboratory. It was also alleged that on the next day at about 02.00 AM, he found his minor daughter dead. 4. In view of the above, he suspected involvement of the accused applicants and his wife, namely, Hasna Bhanu. 5. In terms of the aforesaid FIR, the Police has registered the Lakhipur P.S. Case No.48/2026 and arrested the accused applicants on 29.03.2026 and since then, they are behind the bar. 6. Mr. Amin, learned counsel appearing for the accused applicants Page No.# 3/4 submits that the accused applicants are in fact the Uncle of the victim girl and they are not linked in the offence as narrated in the FIR. He further submits that since the accused applicants have spent more than 63 days behind the bar, the accused applicants should be granted bail at this stage. 7. The Case Diary in the instant case has been submitted before this Court and the same is perused. 8. Mr. Lahkar, learned Addl. PP, on the other hand opposes the prayer for bail by submitting that there are prima facie materials against the accused applicants of their involvement in the offence as narrated in the FIR. 9. Taking into consideration the materials available in the Case Diary as well as submissions made by the learned counsel appearing for the respective parties, this Court is of the considered opinion that there are prima facie materials against the accused applicant No. 1 in the instant case. Howver, nothing much is available agaisnt the accused applicant No. 2. 10. In view of the aforesaid, it is directed that the accused applicant No. 2 shall be released on bail forthwith on submission of a bail bond of Rs.50,000/- with a surety of like nature to the satisfaction of the learned CJM, Goalpara subject to the following condition:- (i) that the accused applicant No.2 shall fully cooperate with the investigation and shall not try to influence any of the witnesses that may be involved in the instant case; Page No.# 4/4 Needless to say that the prayer for bail of accused applicant no. 1 is rejected. In view of the aforesaid directions, this bail application stands disposed of. Case Diary be returned, forthwith. JUDGE Comparing Assistant