Page No.# 1/4 GAHC010109172026 2026:GAU-AS:7837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1454/2026 SANIDUL ISLAM S/O HUSEN ALI VILL SHOWRACHORA RESERVE PO CHIKNI, PS KALGACHIA DISTBARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM Advocate for the Petitioner : R. ALI, MR. A M KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2026 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. P. Borthakur, 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, Sanidul Islam, has prayed for bail as he is behind bars since 26.04.2026 in connection with Hatigaon P.S Case No. 78/2026, registered under Sections 117(2) / 3(5) /305 /308(2)/329(4) of BNS, 2023. 3. The allegation against the petitioner is that he, along with his friends, entered the informant’s house at about 7:00 PM and demanded money of Rs.20,000/- . When the informant refused to pay the said amount, they broke the cash box and attempted to take away Rs.50,000/- kept in the cash box. The informant then raised an alarm, whereupon the owner of the house came and tried to stop them. It is alleged that the petitioner, along with the other miscreants, assaulted the owner of the house with a stick, causing injuries on his head and other parts of his body. 4. The learned Additional Public Prosecutor has raised serious objection stating that this is a serious offence and that the petitioner is not entitled to bail without perusal of the case diary. It is submitted that the case diary would reveal the conduct of the petitioner. It is further submitted that the offence Page No.# 3/4 could have resulted in the death of the owner, who has sustained head injuries. 5. I have considered the submissions made at the Bar that the petitioner has been behind Bars for 40 days. 6. It appears that further custodial detention of the petitioner may not be required for the progress of investigation. It is submitted that the act was not completed and the petitioner was only a bystander. 7. It is also submitted that the petitioner is willing to cooperate with the remaining part of the investigation and undertakes to abide by any stringent bail conditions, if imposed upon him. 8. Considering the entire aspect of the matter, the above-named petitioner shall be enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court with following conditions: (i) the petitioner shall appear before the I.O on every fortnight, till completion of investigation; (ii) the petitioner shall refrain from such activities with which he is alleged; (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission; (iv) the petitioner shall not exercise threats to the witnesses or try to influence them. Page No.# 4/4 9. On breach of any of the bail conditions, bail order shall stand cancelled. 10. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant