[Cites 6, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 23 February, 2026
Page No.# 1/5
GAHC010035412026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./530/2026
ALAL UDDIN AND 3 ORS.
S/O LT SAFIR UDDIN, R/O VILL SONAIBERA GAON, PS JURIA, DIST
NAGAON, ASSAM
2: FAKAR UDDIN ALIAS FAKAR UDDIN ALI AHMED
S/O LT SAFIR UDDIN
R/O VILL SONAIBERA GAON
PS JURIA
DIST NAGAON
ASSAM
3: AFAJ UDDIN
S/O LT SAFIR UDDIN
R/O VILL SONAIBERA GAON
PS JURIA
DIST NAGAON
ASSAM
4: JAMIR UDDIN
S/O LT SAFIR UDDIN
R/O VILL SONAIBERA GAON
PS JURIA
DIST NAGAON
ASSA
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,A MISHRA,SAMIM
RAHMAN,MR. SURAJIT DAS
Page No.# 2/5
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --23.02.2026
Heard Mr. S. Nawaz, the learned counsel for the petitioners. Also heard Mr.
P. Borthakur, the learned Additional Public Prosecutor for the State respondent.
2. This is an application filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, praying for bail to the accused/petitioners, who have
been arrested on 12.02.2026 in connection with Juria Police Station Case No.
21/2026, registered under Sections 103(1)/3(5) of BNS, 2023.
3. It is submitted by Mr. Nawaz, the learned counsel for the petitioners that
one FIR has been initially lodged by one Mizanur Rahman alleging that one
accused namely Junaid Ahmed along with two unknown persons came to the
resident of his niece Semim Akhtar on 10.01.2026 and they tried to drag the
victim girl Semim Akhtar and when his uncle namely, Jiyabur Rahman raised
objection they dragged him into an auto rickshaw, hit him on his head and fled
away by throwing the said victim from their auto and subsequently he died out
of the said incident. Initially a case was registered u/s 109 BNSS and
subsequently out of his death, on the prayer made by the I/O, the case is
registered u/s 103 IPC. The earlier FIR was lodged on 11.01.2026 immediately
after the date of incident on 10.01.2026. But, subsequently another FIR was
lodged by the wife of the deceased alleging that 6 nos. of accused/persons were
found near the injured i.e. her husband. But, subsequently he was referred to
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Rahman Medical Hospital and subsequently he died. But the said FIR was
lodged only on 19.01.2026 i.e. after 9 days of the said occurrence. Both the
FIRs are being now registered u/s 103 IPC and all the present
accused/petitioners are arrested on the basis of the subsequent FIR which is
lodged by the wife of the deceased.
4. Mr. Nawaz further submitted that there is no mention about commitment of
murder against the present petitioners and except it is mentioned that some of
the accused/persons were seen near the injured, who was lying on the ground.
However, the present petitioners got arrested in connection with the case on
12.02.2026 at about one month later of the incident. But, while notice was
issued against all the petitioners u/s 47 & 48 BNSS along with the Arrest Memo
there is no ground mentioned for their arrest. Further, there is not even mention
about the death of the person for whom they got arrested in a case which is
registered u/s 103 IPC. It is submitted that all the certified copy of the notices
have been furnished along with the petition. Mr. Nawaz accordingly submitted
that till the receipt of the Case Diary the present petitioners are entitled to bail
as there is total non-compliance of Sections 47 & 48 BNSS, which is in violation
of Article 22(1) of the Constitution of India.
5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this
regard that only on perusal of the record it cannot be said that there is no
involvement of the present petitioners in the alleged offence. However, he
submitted that it seems that out of the same incident the second/subsequent
FIR has been lodged, which may be treated as a subsequent FIR or u/s 162
Cr.PC. But, at this stage without perusal of the Case Diary it cannot not be said
about the involvement of this case.
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6. After hearing the submissions made by the learned counsel for both sides,
it is seen that out of the same incident two FIRs have been lodged and
admittedly one person died for the assault. But, in one FIR it is the allegation
brought against one Junaid Ahmed along with two others but, in the subsequent
FIR it is alleged that the present petitioners along with some others were found
near the injured when the deceased was lying in injured condition near the
house of one Malik. Further, it is seen that admittedly there is no ground of
arrest mentioned in the notice u/s 47 & 48 BNSS, not even there is whisper
about the death of any any person. However, without perusal of the Case Diary
it cannot be said as to whether there is any other compliance of Section 47/48
BNSS. However, considering the submission made by learned counsel for the
petitioners, this Court is of the opinion that the petitioners may be released on
interim bail, till receipt of the Case Diary.
7. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/-
(Rupees fifty thousand) only each with one surety of like amount to the
satisfaction of the learned CJM, Nagaon the accused/petitioners, namely [1] Alal
Uddin [2] Fakar Uddin @ Fakar Uddin Ali Ahmed [3] Afaj Uddin and [4] Jamar
Uddin, be enlarged on interim bail, subject to the following conditions:-
(i) that the petitioners will report before the concerned police station
every fortnight and will extend their cooperation with the
investigation;
(ii) that the petitioners shall not, directly or indirectly, make any
inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade them from disclosing such facts
to the Court or to any police officer; and
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(iii) that the petitioners shall not leave the jurisdiction of the learned
CJM, Nagaon without prior permission.
8. List the matter on 12.03.2026 with Case Diary.
JUDGE
Comparing Assistant
