Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 8733 (GAU)

HELENA BEGUM AND ANR v. THE STATE OF ASSAM

Bail Appln./1207/2026 · 2026-06-21

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010089602026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1207/2026 HELENA BEGUM AND ANR W/O LATE NURUL ISLAM D/O BAHAR ALI R/O VILL- PACHIM SITARA, P.S. RANGIA, DIST. KAMRUP, ASSAM 2: BAHAR ALI S/O LATE RAHMAN ALI R/O VILL- PACHIM SITARA P.S. RANGIA DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AZAD, MS S DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22-06-2026 Heard Mr. A.K Azad, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. P.P appearing for the State. Page No.# 2/3 This petition under Section 483 of the BNSS, 2023 has been filed by the accused/petitioners, namely, Helena Begum and Bahar Ali, praying for grant of bail in connection with Rangia PS Case No.31/2026. Both of them were arrested on 15/4/2026 in this case and presently in judicial custody. The petitioner No. 1 is stated to be the daughter of petitioner No. 2. The additional contention of the learned counsel for the petitioner No.1 is that she was arrested after sunset in violation of Section 43(5) of BNSS, as no exceptional circumstances existed nor permission of learned JMFC taken as required under the said statutory provision. The CD was called for. The learned Additional PP has received intimation that in the meantime upon completion of investigation, the charge sheet has been submitted vide Charge-sheet No. 76/2026 dated 30.04.2026. The petitioner No.1/Helena Begum is stated to have been the wife of the deceased. The allegation is that the four accused persons named in the FIR, had threatened the informant's brother/Nurul Islam, who committed suicide in his residence on the previous night of 06/02/2026, when the FIR was lodged. On the last occasion i.e. 19.05.2026 both the petitioners herein are granted interim regular bail due to completion of investigation and as an aspect of projected procedural infirmity in the arrest of petitioner No.1. The scanned TCR is available. The learned Additional PP submits that pursuant to grant of interim bail, they have not appeared. However, the learned counsel for the petitioners submits that as per his instruction, on the last i.e. 19.06.2026, the petitioners have appeared before the learned Trial court and facing the trial. Considering that the case is at the stage of trial and upon completion of Page No.# 3/3 investigation, I do not deem it necessary to cancel the regular interim bail. Accordingly, the interim bail granted by the order dated 19.05.2026 is hereby made absolute, subject to the following conditions: (i) They shall be available for the remaining the trial. (ii) They shall not hamper or tamper with evidence or try to influence any witnesses. (iii) They shall not harm or harass the informant side in any manner. Violation of the any bail conditions will make the bail liable to be cancelled. Bail application stands allowed and disposed of. JUDGE Comparing Assistant