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2026 DAILYLAW 7969 (GAU)

NIAZ AKHTER AHMED v. THE STATE OF ASSAM

Bail Appln./1295/2026 · 2026-06-10

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010095542026 2026:GAU-AS:8340 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1295/2026 NIAZ AKHTER AHMED SON OF AFTAB UDDIN AHMED RESIDENT OF HATIGAON, EMPIRE RESIDENCY, BLOCK-B, FLAT NO. 404, NEAR AIUDF OFFICE, P.S. HATIGAON, P.O. HATIGAON, GUWAHATI-38, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : A I AHMED, MR. T K MISRA,NAZNEEN BORAH,SHAHRUKH JAMAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 Heard Mr. T.K. Mishra, learned counsel for the accused/ applicant. Also heard Mr. K.K. Das, learned APP for the State. 2. This is an application filed under Section 483 (1)(a) of the BNSS, Page No.# 2/3 2023 praying for granting bail to the accused/ applicant, namely, Niaz Akhter Ahmed, in connection with Hatigaon P.S. Case No. 88/2026 under Sections 127(2)/ 296/ 115(2)/ 109/ 132/ 351(2)/ 3 (5) of BNS, 2023. 3. An FIR was lodged by WSI (P) Juri Payeng of Hatigaon Police Station before the Officer-In-Charge of Hatigaon Police Station on 08.05.2026, alleging that on receipt of certain information about a quarrel between the husband and wife the police team including herself went to the place of occurrence, namely, Empire Residence Block-B, Flat No. 404, Friends Path, Hatigaon and found the flat locked; that while they were waiting for some time one person namely, Niaz Akhter Ahmed, the accused/ applicant arrived at the place and after the police requested him to open the door, they went inside the flat and found two ladies inside the flat. That one of the ladies namely, Syeda Dilsad Hussain intimated the police personnel that her husband namely, Niaz Akhter Ahmed had engaged in an argument with her and she had been wrongly confined inside the flat by the husband. That the police team wanted to rescue Syeda Dilsad Hussain but the accused/ applicant namely, Niaz Akhter Ahmed did not allow the police personnel to do so and in fact assaulted the police personnel using abusive language. On receipt of the FIR police registered Hatigaon P.S. Case No. 88/2026 under the aforementioned sections. 4. The learned counsel for the accused/ applicant submits that the accused/ applicant has been suffering from certain psychiatric problems for last five years and he has been on and off hospital and medical colleges due to his treatment. He further submits that the accused/ applicant has already spent more than 33 (thirty three) days inside the judicial custody and further Page No.# 3/3 judicial custody of the accused/ applicant may not be required in the instant case. 5. The case diary in the instant case has been received and same is perused. After perusal of the case diary and taking into account fact that the accused/ applicant is suffering from mental issues and has already spent more than 33 days, this Court is of the considered opinion that accused/ applicant should be released on bail. 6. Accordingly, it is directed that the accused/ applicant shall be released forthwith on bail on furnishing of bail bond of Rs.30,000/- (Rupees Thirty thousand only) with a surety of the like nature to the satisfaction of the learned CJM, Kamrup (Metro) subject to the following condition:- That the accused/ applicant co-operate with the investigation and make himself available as and when required by the investigating officer. 7. In the above terms, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant