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2026 DAILYLAW 7946 (GAU)

MIZANUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./1533/2026 · 2026-06-10

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010115942026 2026:GAU-AS:8325 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1533/2026 MIZANUR RAHMAN S/O AJIJUL HAQUE, VILLAGE - PATHIMARMARI N.C., P.S KACHUMARA, PIN 781308, DISTRICT BARPETA, ASSAM, PRESENTLY RESIDING AT SIJUBARI, MAJAR, P.S HATIGAON, DISTRICT KAMRUP . VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR S H SIKDAR, MS N J BEGUM,MR. A DEKA,MS. S T NESSA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 Heard Mr. Y.S. Mannan, learned counsel appearing for the accused-applicant. Also heard Mr. D.P. Goswami, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused-applicant, who was arrested on 03.06.2026, in Page No.# 2/3 connection with Basistha P.S. Case No. 180/2026, registered under Sections 61(2)/318(4)/62/336(3)/ 3(5) of the BNS, 2023. 3. An FIR was lodged on 03.06.2026, by one Suhail Ahmed, alleging, inter alia, that the accused-applicant with certain false assurances and using fake documents, wanted to provide a loan facility to the informant. When the informant intimated the police, the police came and arrested him. The accused-applicant was presented before the Chief Judicial Magistrate, Kamrup (M) on the very same date, i.e., on 04.06.2026, he had been remanded to judicial custody and since then, he is inside the jail. 4. Mr. Mannan, learned counsel for the accused-applicant submits that the accused-applicant had already spent 8 days behind the bars and there is no offence has been committed by the accused-applicant as could be seen from the FIR itself. He submits that there may not be any need of custodial detention of the accused- applicant in the instant case and therefore, he should be granted the privilege of bail at this stage. 5. Mr. Goswami, learned Addl. P.P., however, opposes the prayer of bail to the accused-applicant. 6. This Court, after considering the entire facts as well as taking into account the fact that the accused-applicant is behind the bars for the last 8 days, is of the considered opinion that the accused-applicant should be released on bail. Accordingly, it is directed that the accused-applicant should be released forthwith from jail on furnishing a bail bond of Rs. 20,000/-(Rupees Twenty Thousand only) with a surety of like amount to the satisfaction of the learned CJM, Kamrup (M), subject to the following conditions: - (1) That the accused-applicant shall cooperate with the investigation and make himself available before the Investigating Officer, as and when called for; Page No.# 3/3 (2) That the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority; (3) That the accused-applicant shall not tamper with the evidence nor hamper the trial in any manner whatsoever. 7. In view of the aforesaid directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant