Bail Appln./2107/2026 of MORTUZ ALI Vs THE STATE OF ASSAM on 4 August 2026

ORDER

Date : 05.08.2026 Heard Mr. A. K. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor appearing for the State respondent.

2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail on behalf of the accused/petitioner, namely, Mortuz Ali, who was arrested on 28.06.2026 in connection with Jalukbari P.S. Case No. 197/2026 registered under Sections 61(2)/103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that the accused/petitioner, along with another accused, namely, Junab Ali @ Jonab Ali, was allegedly involved in an illicit relationship with co-accused Mumtaz Begum and, on account of the said relationship, they allegedly conspired to murder her husband.

4. Mr. A. K. Ahmed, learned counsel for the petitioner, submits that the petitioner has been implicated in the case merely on the basis of suspicion and that no material has surfaced during the course of investigation to connect him with the alleged offence.

5. Per contra, Mr. B. Sharma, learned Additional Public Prosecutor, opposes the prayer for bail. He submits that the materials available in the case diary disclose that the deceased was brutally murdered. He further submits that the statements of the witnesses have already been recorded and that the mobile handsets of the accused persons, including that of the present petitioner, are under forensic examination. However, he fairly submits that although the investigation is still in progress, no specific incriminating material has, thus far, surfaced against the present petitioner.

6. I have considered the submissions advanced by the learned counsel for the parties and have carefully perused the case diary.

7. Having regard to the facts and circumstances of the case, particularly the stage of investigation and the submission made by the learned Additional

Public Prosecutor that no specific incriminating material has, till now, surfaced against the petitioner, this Court is of the view that further custodial detention of the petitioner is not warranted at this stage.

8. Accordingly, the accused/petitioner, Mortuz Ali, shall be released on bail in connection with Jalukbari P.S. Case No. 197/2026 on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer as and when required and shall cooperate with the investigation;

(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing the facts to the police or to the Court;

(iii) The petitioner shall not tamper with the evidence or attempt to influence the witnesses; and

(iv) The petitioner shall not involve himself in any offence of a similar nature during the period of bail. Return the case diary. The bail application stands disposed of. JUDGE Comparing Assistant