Gauhati High Court
AB/165/2026 of AKHIRUL ISLAM Vs THE STATE OF ASSAM on 19 May 2026
GAHC010013632026 2026:GAU-AS:7013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/165/2026 AKHIRUL ISLAM S/O- ABDUL HAMID RESIDENT OF VILL- DIARA, P.O. PURAN DIARA P.S. MANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM. PIN- 783135 VERSUS THE
GAHC010013632026
2026:GAU-AS:7013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/165/2026
AKHIRUL ISLAM
S/O- ABDUL HAMID RESIDENT OF VILL- DIARA, P.O. PURAN DIARA P.S.
MANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM. PIN- 783135
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. K MOHAMMED, MR. S M MUNIR
Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE PRANJAL DAS
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ORDER
20-05-2026
Heard Mr. K. Mohammed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional PP for the State
2. This petition under Section 482 BNSS is filed by the petitioner, namely, Akhirul Islam, apprehending arrest in connection with Mankachar P.S. Case No. 87/2025, registered u/s 103/3(5) of BNS, 2023.
3. This is a subsequent pre-arrest bail application, as the earlier pre-arrest bail application was rejected on 25.09.2025 passed in AB/2279/2025.
4. The case was registered based on an FIR pertaining to the recovery of death body of the informant’s sister, namely, Jahera Bewa. It is alleged in the FIR that prior to her death, she had gone to the house of the accused petitioner, Akhirul Islam to collect money. 4 (four) accused persons are named in the FIR. On 25.09.2025, Hashina Khatun, wife of the accused petitioner was granted pre-arrest bail on the ground of her new born baby. Subsequently, 2 (two) other co-accused namely, Billal Sk @ Billal Sheikh and Ashena Khatun were also granted pre-arrest bail on 25.11.2025.
5. The updated case diary has been received.
6. The learned Addl. P.P. submits that investigation still not completed but it has progressed. It is also submitted that final opinion regarding cause of death is still not received, though PM report is available, and some injury marks are also revealed by the post-mortem examination.
7. The statement of the petitioner has also been recorded pursuant to his appearance before the I/O and the same is available in the case record. The petition was last rejected on 25.09.2025.
8. Considering the lapse of time and the continuance of investigation, as the I/O has not arrested the petitioner during this period - therefore, perhaps granting of bail to him at this stage in the subsequent petition may not unduly prejudice the investigation, provided suitable conditions are imposed.
9. In such view of the matter, it is directed that in the event the accused petitioner, Akhirul Islam, is arrested in connection with this case, he shall be allowed to go on bail on furnishing a bail bond of Rs. 50,000/- (Rupees fifty thousand only) with one surety of like amount to the satisfaction of the Arresting Authority, subject to the following conditions that :-
(i) He shall fully cooperate with remaining investigation,
(ii) He shall not hamper or tamper with evidence,
(iii) He shall not harm or harass the informant side, nor try to influence any witnesses.
(iv) He shall be available for trial if one commences.
10. Violation of any of the bail condition(s) shall entail cancellation of the bail.
11. The petition stands disposed of.
12. Return back the case diary.
JUDGE Comparing Assistant