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2026 DAILYLAW 7378 (GAU)

ABUL HUSSAIN CHOUDHURY v. THE STATE OF ASSAM

Bail Appln./1184/2026 · 2026-06-04

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010086382026 2026:GAU-AS:7860 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1184/2026 ABUL HUSSAIN CHOUDHURY S/O- ALA UDDIN CHOUDHURY. R/O- VILL.- KUCHILA GRANT, P.O.- KUCHILA , P.S. AND DIST.- HAILAKANDI, ASSAM, PIN- 788155 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. H A LASKAR, A. H. AHMED,MS D DUTTA,MR. S B LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 05.06.2026 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned APP for the State. Page No.# 2/3 This is an application under Section 483 of the BNSS, 2023 praying for bail in connection with Sessions Case No.45/2026 by the learned Sessions Judge, Hailakandi arising out of Hailakandi P.S. FIR No.05/2026 dated 08.01.2026 under Sections 308(5)/103(1) of the BNS, 2023 (Corresponding to G.R. Case No.15/2026). The trial court records, as called for, have been received. The allegation against the petitioner is that of abetting the suicide of the victim. The petitioner was arrested on 08.03.2026 and the charge sheet had already been submitted on 09.03.2026. It appears that the investigation had been completed by the time the petitioner was arrested. The matter is presently pending before the learned trial court. The learned APP has opposed the prayer for bail by submitting that the statements of the witnesses implicate the petitioner in the administration of poison to the victim girl. In the facts and circumstances of the case and upon going through the scanned copy of the records of the TCR, I am of the considered opinion that the release of the petitioner at this stage would not hamper the progress of the trial, provided that strict conditions are imposed to ensure that the petitioner Page No.# 3/3 does not, in any manner, interact with the witnesses proposed to be examined in the event the learned Trial Court frames charges against the petitioner and his presence in the trial is also ensured. Accordingly, it is directed that the petitioner, namely Abul Hussain Choudhury be released on bail on furnishing a bond of Rs.20,000/- with 2 (two) sureties of the like amount to the satisfaction of the learned Trial Court. It is made clear that the petitioner shall not, in any manner whatsoever, interact with the witnesses named in the charge sheet or any witnesses who may be examined during the course of the trial. The petitioner shall also not leave the territorial jurisdiction of the learned Trial Court without obtaining prior written permission from the learned Trial Court. The petitioner shall ensure his attendance before the Learned Trial Court on each occasion directed. The learned Trial Court shall be at liberty to impose such other conditions as may be deemed necessary to ensure the participation of the petitioner in the trial, as and when the same commences. This bail petition is disposed of. JUDGE Comparing Assistant