Gauhati High Court

Bail Appln./2459/2026 of JEHERUL ISLAM ALIES JIYARUL ISLAM AND 2 ORS. Vs THE STATE OF ASSAM on 26 August 2026

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GAHC010180522026 2026:GAU-AS:12358 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2459/2026 JEHERUL ISLAM ALIES JIYARUL ISLAM AND 2 ORS. S/O KALIM UDDIN R/O- VILLAGE GULAPARA GOLAPARA PART1, P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM.

GAHC010180522026

2026:GAU-AS:12358

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./2459/2026

JEHERUL ISLAM ALIES JIYARUL ISLAM AND 2 ORS.

S/O KALIM UDDIN

R/O- VILLAGE GULAPARA GOLAPARA PART1, P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM.

2: SAHIN ALOM

S/O MAGRAB ALI

R/O- VILLAGE GULAPARA GOLAPARA PART1

P.S.- ABHAYAPURI

DIST- BONGAIGAON

ASSAM.

3: RASHIDUL ISLAM

S/O ABDUL MALIK

R/O VILLAGE GULAPARA GOLAPARA PART1

P.S.- ABHAYAPURI

DIST- BONGAIGAON

ASSAM

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PUBLIC PROSECUTOR/ADDITIONAL PUBLIC

PROSECUTOR UNDER THE GOVERNMENT OF ASSAM.

Advocate for the Petitioner : MR. S D ROY, R BARMAN,MR. C DAS,MS K DEKA

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

Date : 27-08-2026 Heard Mr. SD Roy, learned counsel for the accused applicants. Also heard Mr. KK Parashar, learned Additional Public Prosecutor for the respondent State.

2. This application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting regular bail to the accused applicants in connection with Sorbhog P.S. Case No. 86/2026 under Sections 3(5)/305(a)/331(4) of the BNS.

3. An FIR was lodged on 01.07.2026 before the Officer-in-charge of Sorbhog P.S. by one Bhaben Das, alleging that on 10.07.2026 after midnight, some unknown miscreants had stolen 5 cows from the complainant’s cowshed.

4. On receipt of the FIR, Police registered Sorbhog P.S. Case No. 86/2026, and after investigation, police arrested the accused applicants on 16.07.2026 and for the last 42 days, the accused applicants have been behind bars.

5. Learned counsel appearing for the accused applicants submits that they are not involved in this instant case and they have been arrested only on suspicion. He further submits that, taking into account the detention, the accused applicants should be enlarged on bail.

6. Mr. KK Parashar, learned Additional Public Prosecutor, submits that investigation is still pending and at this stage, bail may not be granted to the accused applicants and he also submits that Case Diary should be considered.

7. Taking into account the facts of this case and detention of 42 days of the accused applicants, this Court is of the considered opinion that the accused applicants should be released immediately on bail on furnishing a bail bond of Rs. 30,000/- each with a surety of like nature to the satisfaction of the learned CJM, Barpeta, subject to the following conditions that:-

(i) The accused applicants shall co-operate with the investigation and make themselves available as and when called for by the investigating officer; and

(ii) The accused applicants shall not try to tamper or hamper the investigation in any manner.

8. In terms of the aforesaid directions, this bail application is disposed of.

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