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2026 DAILYLAW 9072 (GAU)

JALAL UDDIN ALIAS JALAL UDDIN BARBHUIYA v. THE STATE OF ASSAM

Bail Appln./1494/2026 · 2026-06-24

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/2 GAHC010113242026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1494/2026 JALAL UDDIN ALIAS JALAL UDDIN BARBHUIYA S/O- LATE MUHIBUR RAHMAN. VILLAGE- TARAPUR. P.O. JALALPUR. P.S. KALAIN. DIST- CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. N H LASKAR, H YEASMIN Advocate for the Respondent : PP, ASSAM, MR I AHMED(INFORMANT),MR A SHARMA(INFORMANT) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25 .06. 2026 Heard Mr. N.J. Dutta, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. A. Sharma, learned counsel for the informant. 2. 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 Page No.# 2/2 accused/petitioner who was arrested on 15.04.2026 and he is behind bars since then. 3. 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 informant and the others. But, the informant could identify the said miscreants as the accused persons with the help of torch light. 4. The learned counsel for the petitioner submits that the petitioner has been picked upon suspicion by which the petitioner was allegedly identified and seized by the police. 5. On the other hand, the learned Additional Public Prosecutor submits that there is sufficient incriminating material against the petitioner who is identified by the eye witness/informant and furthermore, the call details also revealed the presence of the petitioner in the place of occurrence at the relevant time. 6. Having regard to the gravity of offences as well as the incriminating material available, the prayer for bail stands rejected at this stage. 7. The petition is dismissed. 8. Send back the Case Diary. JUDGE Comparing Assistant