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2026 DAILYLAW 9408 (GAU)

MANIRUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1662/2026 · 2026-07-13

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/2 GAHC010125322026 2026:GAU-AS:9574 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1662/2026 MANIRUL ISLAM S/O AJIT ALI KHA ALIAS MD AZIZ KHAN, R/O VILL TARANGAPUR PT I, PS CHAPAR, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, R MALI,A MISHRA,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.07.2026 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appears for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, Manirul Islam has prayed for releasing him on bail after he was Page No.# 2/2 arrested in connection with Sarthebari P.S. Case No.326/2017 registered under Sections 120(B)/366/343/34 of IPC. 3. It appears that the present petitioner, Manirul Islam along with one another co-accused Jahangir Ali was granted pre-arrest bail by this Court vide order dated 05.12.2017 in AB/2443/2017. Subsequently, however another set of counsel had filed another pre-arrest bail application on behalf of the same accused persons and the result thereof was that by order dated 11.07.2018 in the same application i.e. AB/1373/2018 the prayer for bail of the present petitioner, Manirul Islam was rejected while that of the co-accused, Jahangir Ali was allowed. 4. Pursuant to the above, the present petitioner has surrendered before the learned Court below and he was sent to judicial custody. 5. Needless to say it is an unfortunate sequence of event, where the petitioner even after being granted the privilege of pre-arrest bail by the High Court way back in the year 2017 had to undergo detention for no fault of his. 6. Having regard to the above, as well as the period of detention undergone by the petitioner, prayer for bail is allowed. Accordingly, it is directed that the petitioner be released on bail bond of ₹10,000/- (Rupees ten thousand) only with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta in connection with Sarthebari P.S. Case No.326/2017. 7. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant