Gauhati High Court
Bail Appln./2747/2026 of HASSON AHMED Vs THE STATE OF ASSAM on 22 September 2026
GAHC010199902026 2026:GAU-AS:14099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2747/2026 HASSON AHMED S/O HALIM UDDIN, RESIDENT OF VILLAGE SUNATOLA, P.O. ASHOKANDI, P.S. PATHARKANDI, DISTRICT SRIBHUMI, ASSAM VERSUS THE STATE OF
GAHC010199902026
2026:GAU-AS:14099
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2747/2026
HASSON AHMED
S/O HALIM UDDIN, RESIDENT OF VILLAGE SUNATOLA, P.O. ASHOKANDI, P.S. PATHARKANDI, DISTRICT SRIBHUMI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN
Advocate for the Respondent : PP, ASSAM, MR M AHMED(INFORMANT),MOTIUR
RAHMAN(INFORMANT)
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 23.09.2026
Heard Mr. H.R. Choudhury, learned counsel for the accused. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M. Rahman, learned counsel for the respondent No. 2/informant.
2. This petition, under Section 483, BNSS is preferred by accused, namely,
Hasson Ahmed, who has been languishing in jail hazot in connection with Patharkandi P.S. Case No. 84/2026, under Sections 103(1)/238/351(3)/3(5) of the BNS, since 26.06.2026, for grant of bail.
3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Md. Kamrul Islam on 24.06.2026. The allegation in the aforesaid FIR is that the father of the informant went to the paddy field nearby the pond for work and at about 2 p.m., his cousin brother found the dead body of his father at the bank of the pond. It is also stated that about one year back to the incident, i.e. on 24.07.2025, his father filed a case before the Civil Court at Sribhumi regarding land dispute, wherein six persons were arrayed as accused and he suspects that those accused persons may have killed his father.
4. Mr. Choudhury, learned counsel for the accused submits that the accused having been arrested on 26.06.2026, has completed 90 days in jail hazot till today, and that he was arrested only on the basis of imagination and under such circumstances, he has contended to allow this petition.
5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor submits that he has not received the case diary and as per his instruction, the I.O. has not filed the charge-sheet till date.
6. Per contra, Mr. Rahman, learned counsel for the respondent No. 2/informant submits that he has objection in releasing the accused on bail.
7. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record.
8. It is not in dispute that the accused has been languishing in jail hazot since 26.06.2026 and he has completed 90 days in jail hazot, but charge-sheet has not yet been submitted till date, and as such, the accused is entitled to default bail.
9. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Sribhumi, the accused be enlarged on bail.
10. In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant