Gauhati High Court
Bail Appln./1040/2026 of SADDAM HUSSAIN Vs THE SATE OF ASSAM on 20 April 2026
GAHC010073772026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1040/2026 SADDAM HUSSAIN S/O ROIS UDDIN, R/O RANGPUR BALIRBOND, P.S. R.K. NAGAR, DIST. SRIBHUMI, ASSAM. VERSUS THE SATE OF ASSAM REPRESENTED BY THE PP, ASSAM.
GAHC010073772026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1040/2026
SADDAM HUSSAIN
S/O ROIS UDDIN, R/O RANGPUR BALIRBOND, P.S. R.K. NAGAR, DIST.
SRIBHUMI, ASSAM.
VERSUS
THE SATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MR. S C BISWAS, MS A DAS,MR. P S BISWAS,P SHARMA,MS.
S. CHANDA,MR. MEHUL SHAH,MS. R DEVI,MS. J GHOSH,MS. U NANDA,MS. K L R
YANTHAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 21-04-2026 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. Public Prosecutor for the State.
2. This is a bail petition under Section 483 of the BNSS 2023 for granting regular bail to the accused, who was arrested on 12.01.2026 in connection with Ram Krishna Nagar, P.S. Case No. 01/2026, which has culminated in Sessions Case No. 35/2026 under Sections 62 (2)/ 126 (2)/118 (2) /109/ 304 (2) of the BNS, 2023 pending in the Hon’ble Court of the Session Judge, Sribhumi.
3. The Learned counsel for the petitioner has submitted that at the time of the arrest, the arrest memo which was prepared did not contain the signature of any independent witness and therefore there is a violation of the law and in such circumstances, it is certain law that the petitioner would be entitled to the privilege of bail since the custody after an illegal arrest is deemed unconstitutional.
4. The Learned counsel for the petitioner has also submitted that the occurrence of the incident is not disputed by the petitioner in his statement recorded before the police authorities, and the reasons for such an incident have also been explained. The Learned counsel for the petitioner has submitted that the petitioner is a permanent resident of the same area and is willing to face trial, and there is little or no chance of his absconding or avoiding trial. Under the circumstances, he has prayed for grant of regular bail during the period of trial.
5. The learned Addl. P.P. has submitted that, in view of the submissions made, the petitioner appears to have committed the offence of causing grievous hurt upon the victim and, therefore, he need not be entitled to the grant of bail at the stage of the trial, when charges have not yet been framed. The learned APP has suggested calling for the scanned Copy of the TCR to ascertain the progress of the case.
6. This Court has gone through the arrest memo under Section 36 of the BNSS, and it does not contain the signature of any independent witness at the time of the arrest of the petitioner.
7. Therefore, this Court is of the opinion that the petitioner is entitled to the privilege of a regular bail in the matter during the period of trial. Accordingly, it is directed that the petitioner shall be released on bail on furnishing a bond of Rs. 20,000/- with two sureties of the like amount to the satisfaction of the learned Sessions Judge, Sribhumi, in connection with Sessions Case No. 35/2026.
8. The learned Sessions Judge shall be at liberty to impose such other conditions as may be necessary to ensure participation of the petitioner at the trial.
9. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant