Gauhati High Court
Bail Appln./390/2026 of ABUL HUSSAIN ALIAS AFSAR ALI Vs THE STATE OF ASSAM on 18 March 2026
GAHC010030222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./390/2026 ABUL HUSSAIN ALIAS AFSAR ALI S/OLATE AKBAR ALI RESIDENT OF VILL- FULKUMARI PART-2 GOSOR GAON P.S. AND DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM
GAHC010030222026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./390/2026
ABUL HUSSAIN ALIAS AFSAR ALI
S/OLATE AKBAR ALI
RESIDENT OF VILL- FULKUMARI PART-2
GOSOR GAON
P.S. AND DIST. BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
------------
Advocate for : MR. M KHAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 19.03.2026 Heard Mr. M. Khan, learned counsel appearing for the petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P. for the State of Assam.
2. The learned Addl. P.P. has assisted in perusing the CD.
3. This is an application under Section 483 of the BNSS, 2023 for granting bail to the petitioner namely Abul Hussain @ Afsar Ali, who was arrested on 29.01.2026 in connection with Bongaigoan P.S. Case No. 13/2026 registered under Section 127 (2)/ 121 (2)/ 132/ 149/ 304 BNS R/W Section 25 (1AB) Arms Act & R/W Section 3 of PDPP Act.
4. The petitioner has been in custody since the last 50 days and it is seen that the FIR does not implicate the petitioner, although alleged persons who had assaulted the police team had been identified and named in the FIR. The FIR was lodged by the victim who was allegedly tortured and assaulted and who had identified the persons who had assaulted and tortured.
5. The learned Addl. P.P has objected to the grant of bail on the ground that several witnesses in the matter have named the petitioner to be involved in the fiasco.
6. The investigation has proceeded to an extent where in the opinion of this Court the petitioner who allegedly called him by the police to identify the persons who were assaulted by police can be granted the privilege of bail.
7. Accordingly, it is provided that the petitioner shall be released on bail on furnishing a bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Learned CJM Bongaigaon.
8. The learned CJM Bongaigaon shall be at liberty to impose such conditions upon the petitioner as may be deemed necessary to ensure his participation in the investigation.
9. It is directed that any attempt of the petitioner to either influence the investigation or to hamper or temper with the evidence would lead to cancellation of bail.
10. This bail application stands disposed of. JUDGE Comparing Assistant