Gauhati High Court
AB/2057/2026 of NAZIMUL HOQUE AND ANR Vs THE STATE OF ASSAM on 15 September 2026
GAHC010184512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2057/2026 NAZIMUL HOQUE AND ANR S/O SIRAJ ALI @ SIRAJUDDIN AHMED R/O- VILL- SALOIPARA DISTRICT- DARRANG, ASSAM 2: BIPUL HOQUE S/O SIRAJ ALI @ SIRAJUDDIN AHMED R/O- VILL-
GAHC010184512026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2057/2026
NAZIMUL HOQUE AND ANR
S/O SIRAJ ALI @ SIRAJUDDIN AHMED
R/O- VILL- SALOIPARA DISTRICT- DARRANG, ASSAM
2: BIPUL HOQUE
S/O SIRAJ ALI @ SIRAJUDDIN AHMED R/O- VILL- SALOIPARA DISTRICT- DARRANG
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,MR A. ALI,A. K. KANU
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
16.09.2026
1. Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor.
2. This petition under Section 482 BNSS is filed by the petitioners, namely, Nazimul Hoque and Bipul Hoque apprehending arrest in connection with Sipajhar P.S. Case No. 104/2026 registered u/s 108/3(5) of BNS.
3. An FIR was lodged against the petitioners and their father as well on 24.06.2025 by the brother of the deceased stating that on that day, his brother Ariful Haque, was found in hanging condition near one river in the afternoon. It is alleged that 3 (three) accused persons named in the FIR had demanded money from him in connection with, girl related matter and also threatening.
4. Drawing attention to the order dated 29.07.2026 in Misc (B) Case No. 216/2026 passed by the learned Additional Sessions Judge, FTC, Darrang, it is submitted and contended by the learned counsel for the petitioner that a case was lodged against the deceased with the allegation of having committed rape upon the sister of the petitioners and that, in the course of investigation of that case, the deceased was also custodially interrogated and there was a village meeting as well. Subsequently, the deceased was found hanging. The learned counsel submits that the penal provision given is abetment of suicide.
5. The petitioner was granted interim bail on 31.08.2026 noticing some peculiar circumstances projected by the learned counsel. Learned counsel submits that pursuant to grant of interim they have co-operated and appeared before the IO and prays that their interim bail may be made absolute.
6. Case diary has been received.
7. Mr. Goswami, learned Additional Public Prosecutor confirms that the petitioners have appeared and their statements have been recorded but nevertheless, the investigation is stated to have revealed incriminating materials. It is submitted that the accused persons allegedly demanded one lakh from the deceased if he agrees to marry the girl in question and in the event of his refusal to marry, he was demanded to pay Rs.2 lakhs. Subsequently, the victim committed suicide.
8. Despite the aforesaid nature of the implicating materials as the investigation seems to have progressed and the petitioners have also rendered their cooperation in terms of the interim bail conditions, it may not be essential to cancel their interim bail.
9. Accordingly, the interim bail passed earlier on 31.08.2026 is hereby made absolute subject to the condition that the petitioner; (a) shall co-operate with the remaining investigation; (b) shall not hamper or tamper with the evidence of the case.
10. Accordingly, the anticipatory bail application stands allowed and disposed of.
JUDGE Comparing Assistant