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2026 DAILYLAW 8847 (GAU)

BADRUL ISLAM AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./1516/2026 · 2026-06-23

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010115322026 2026:GAU-AS:9149 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1516/2026 BADRUL ISLAM AND 3 ORS. SON OF TUTA MIA, RESIDENT OF VILL NIZ JALALPUR, P.S. KALAIN, DIST CACHAR, PIN-788815 2: SAYDUL HOUQUE S/O MUBARAK ALI R/O- VILL JALALPUR TARAPUR P.S. KALAIN DIST CACHAR ASSAM PIN-788815 3: KAMAL UDDIN S/O-LATE MUHIBUR RAHMAN R/OVILL GUMRAH GRAM P.S. KALAIN DIST CACHAR PIN- 788815 ASSAM 4: IKBAL HUSSAIN ALIAS SAJAHAN S/O- KAMAL UDDIN R/O- TARAPUR JALALPUR PS- KALAIN DIST CACHAR ASSAM PIN- 78881 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, Page No.# 2/3 Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. R DEVI,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, MR I AHMED(INFORMANT),MR A SHARMA(INFORMANT) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 24.06.2026 Heard Mr. S.C. Biswas, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State and Mr. A. Sharma, learned counsel appearing for the informant. This is an application under Section 483 of BNSS, 2023 in connection with Kalain P.S. Case No. 35/2026, registered under Sections 61(2)/103(2)/118(2)/109 of BNS, for granting of regular bail to the accused/petitioners who were arrested on 05.04.2026/07.04.2026 and they are behind bars since then. The case in brief is that on 03.04.2026 at around 8:00 pm in the evening, when the brother of the informant had gone to catch fish, the informant heard hue and cry and went in search of his brother and found him death at a latter distance. There were some miscreants present and who chased away the Page No.# 3/3 informant and the others. But, the informant could identify the said miscreants as the accused persons with the help of torch light. The learned counsel for the petitioners submits that the petitioners have been picked upon suspicion by which the petitioners were allegedly identified and seized by the police. On the other hand, the learned Additional Public Prosecutor submits that there is sufficient incriminating material against the petitioners who were identified by the eye witness/informant and furthermore, the call details also revealed the presence of the petitioners in the place of occurrence at the relevant time. Having regard to the gravity of offences as well as the incriminating material available, the prayer for bail stands rejected at this stage. The petition is dismissed. Send back the Case Diary. JUDGE Comparing Assistant