Bail Appln./896/2026 of ABDUL HOQUE Vs THE STATE OF ASSAM on 21 April 2026

ORDER

Date : 22-04-2026 Heard Mr. H.R. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, learned APP. The present petition has been filed under provisions of Section 483 of the BNSS,

2023, praying for the grant of regular bail to the petitioner in connection with Nilambazar P.S. Case No. 21/2026, in connection with which the petitioner had been taken into custody on 02.03.2026. The learned counsel for the petitioner has submitted that the petitioner had gone to Chennai to serve as a Security Guard, and the informant was also present at Chennai, where the petitioner had secured his job. However, when the petitioner could not secure a job for her colleagues, and there was some misunderstanding, the present FIR was lodged. The learned counsel for the petitioner has submitted that the informant is a permanent resident of Golaghat, who has lodged the FIR at Nilambazar, Sribhumi, alleging that she was taking shelter at Hailakandi. The learned counsel for the petitioner has submitted that he is ready to cooperate with the investigation, and since he is a permanent resident of the locality, there is no chance of his absconding. The learned counsel for the petitioner has also submitted that the detention of the petitioner would suffer from legal flaw when the arrest memo under Section 36 of the BNSS does not contain the signature of the petitioner. The learned counsel for the petitioner has prayed that the petitioner may be granted the privilege of bail under any conditions that this Court may deem fit. The learned APP has submitted that the allegations are serious, and releasing the petitioner at this point in time may hamper or tamper with the investigation. The Case Diary has been received and perused the same. In the circumstances of the case and after considering the length of detention of the petitioner, who is aged 21 years according to the statement of the father of the petitioner, this Court is of the opinion that the petitioner can be granted the privilege of bail under strict conditions that he shall not influence the informant or any other witnesses in the matter during the period of bail. Accordingly, the petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount to the satisfaction of the learned CJM, Sribhumi, in connection with Nilambazar P.S Case No. 21/2026. The petitioner shall also abide by the following conditions:-

(i) The petitioner shall not leave the territorial jurisdiction of the learned CJM, Sribhumi, without prior written permission;

(ii) The petitioner shall not hamper and tamper with the investigation or evidence of the case;

(iii) 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 him from disclosing such facts to the Court or to any Police Officer.

(iv) The petitioner shall not try to contact the victim or the informant in any manner whatsoever.

(v) The petitioner shall appear before the CJM, Sribhumi and the investigating officer, as and when directed to do so;

(vi) the learned CJM, Sribhumi shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial.

(vii) The petitioner shall not engage in any illegal activity of a similar nature in the future.

(viii) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request a recall/cancellation of bail. Bail Application accordingly stands disposed of.

JUDGE Comparing Assistant