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2026 DAILYLAW 9226 (GAU)

MD. NISHAN ALI v. THE STATE OF ASSAM

Bail Appln./1549/2026 · 2026-07-01

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010116802026 2026:GAU-AS:9451 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1549/2026 MD. NISHAN ALI S/O- LATE SIRAJ ALI DEWANI, VILL- NO. 2 TUPAMARI, P.S. NAGARBERA DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 02.07.2026 Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Md. Nishan Ali, has prayed for bail as he is behind Bars since 05.04.2026 in connection with Nagarbera P.S Case No.15/2026, registered under Section 80(2) of BNS. 3. The learned Additional Public Prosecutor has submitted that case diary has been received. 4. It is submitted that charge-sheet has not yet been submitted. The petitioner has been behind Bars for 89 days and charge-sheet is yet to be submitted. The statutory period of 90 days is almost over. 5. I have considered the submission that the petitioner is willing to cooperate with the investigation as well as with the trial, if charge-sheet is submitted against him. 6. Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with a suitable surety of like amount subject to the satisfaction of the learned JMFC, Boko, Kamrup with following conditions: (i) the petitioner shall refrain from such activities with which he is alleged; Page No.# 3/3 (ii) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (iii) the petitioner shall not tamper with the evidence; 7. On breach of any of the bail conditions, bail order shall stand cancelled. 8. Send back the case diary. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant