Gauhati High Court
Bail Appln./1209/2026 of ANWAR HUSSAIN AND ANR Vs THE STATE OF ASSAM on 24 May 2026
GAHC010091102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1209/2026 ANWAR HUSSAIN AND ANR S/O LATE NURUL ISLAM, R/O BARUAH CHUK 1, NO. CHAULKORA, P.O. SIVASAGAR, P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN 785667 2:
GAHC010091102026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1209/2026
ANWAR HUSSAIN AND ANR
S/O LATE NURUL ISLAM, R/O BARUAH CHUK 1, NO. CHAULKORA, P.O.
SIVASAGAR, P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN 785667
2: AFTER HUSSAIN @ JAKIR HUSSAIN @ JAKIR ALI
S/O LATE NURUL ISLAM
R/O BARUAH CHUK 1 NO. CHAULKORA
P.O. SIVASAGAR
P.S. SIVASAGAR
DIST. SIVASAGAR
ASSAM
PIN 78566
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR. T DEURI, MS. L WANGSA,U BHARADWAJ,MR N MILI
Advocate for the Respondent : PP, ASSAM, :: BEFORE ::
HON’BLE MR. JUSTICE PRANJAL DAS
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ORDER
25.05.2026
1. Heard Mr. T. Deuri, learned counsel appearing for the accused petitioner through online mode assisted by Mr. N. Mili as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.
2. The petitioners were arrested on 30.12.2025 and 02.01.2026 respectively in connection with Sivasagar P.S. Case No. 202/2025, under Sections 118(2)/109/3(5) of BNS, 2023 and the case after investigation charge-sheeted and presently undergoing trial in Sessions Case No. 08(S-S)/2026 pending in the Court of learned Additional Sessions Judge, FTC, Sivasagar.
3. The gist of the allegations in the FIR dated 30.12.2025 lodged by the informant, Smti. Upasa Devi is about causing of assault upon her younger brother by group of miscreants causing serious injuries.
4. In the meantime, the investigation of the case stood completed, resulting in a charge sheet vide C.S. No.5 of 2026, dated 31.12.2025, under Sections 118(2)/109/3(5) of BNS, 2023.
5. The scanned TCR has been received. The charge-sheet have been submitted against two accused persons, both of whom are the petitioners herein.
6. It is submitted that in the meantime, the trial has also progressed and the victim as well as the informant have been examined. The same is not disputed by the prosecution and from the scanned record, I find that the informant and victim have been examined as PW-1 and PW-2 respectively. So far, three witnesses have been examined in total and in the charge-sheet, eight (8) witnesses are listed.
7. In view of the length of detention, the completion of investigation and also some progress of trial by way of examination of the informant as well as victim - I am of the considered view that the accused persons can be granted bail at this stage subject to suitable conditions. Accordingly, the petitioners named above, shall be released on bail on furnishing bail bond of Rs.50,000/- each with one suitable sureties of the like amount each to the satisfaction of learned concerned Court, subject to the following conditions:- (a) That the petitioners shall be available for the remaining trial; (b) That the petitioners shall not hamper or tamper with evidence; and
(c) They shall not in any manner harm or harass or intimidate the informant/victim and their families.
(d) They shall not in any manner try to influence or intimidate witnesses.
8. Violation or breach of any condition(s) shall entail cancellation of bail.
9. With the above observations, this bail petition stands allowed and disposed of accordingly.
JUDGE Comparing Assistant