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2026 DAILYLAW 8941 (GAU)

SIRAJUL HOQUE v. THE STATE OF ASSAM

Bail Appln./1315/2026 · 2026-06-24

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010099082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1315/2026 SIRAJUL HOQUE SON OF AMIR HUSSAIN, RESIDENT OF NO.1 BASGORAKHUTI, P.S - DALGAON, DISTRICT - DARRANG, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR A ATREYA, MR. J KONWAR,MS. C KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.06.2026 Heard Mr. A. Atreya, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appears for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, Sirajul Hoque has prayed for Page No.# 2/3 releasing him on bail after he was arrested in connection with Dalgaon P.S. Case No.25/2026 registered under Sections 108/3(5) of BNS, 2023. 3. The allegations as revealed in the FIR, briefly are that the victim aged about 25 years of age was in a love affair with the petitioner for quite some time and during this period the petitioner used to tortured the victim mentally regarding the love affair. Because of which she was forced to go to the house of the petitioner on 27.01.2026, where she was again tortured. Unable to bear the torture, the victim consumed poison in the house of the petitioner and fell ill and she was taken to hospital by the petitioner and her treatment was handed over to the informant, father of the victim but the victim again became ill at her father’s house and subsequently died at around 1.00 p.m on the next day. 4. Scanned copy of the TCR has not been received. 5. The parents of the petitioner have already been granted the privileged of pre-arrest bail by the learned Sessions Court. 6. It appears that after being treated at the hospital, the victim had gone back to her father’s house and she died only on the next day at around 1.00 p.m after becoming ill and she was not provided medical treatment by the informant himself, which could have possibly safe the life of the victim. There are also does not appear to be any proximate instigation amounting to abetment on the part of the petitioner as per the contents of the FIR. 7. Having regard to the above, as well as the period of detention of 124 days in custody undergone by the petitioner, prayer for bail is allowed. Accordingly, it is directed that the petitioner is released on bail bond of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the Page No.# 3/3 satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Dalgaon P.S. Case No.25/2026. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant