Giyasuddin @ Giyasuddin Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

Giyasuddin @ Giyasuddin Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner allowed to go on bail of Rs.30,000/- with one surety of the like amount, subject to the satisfaction of the concerned learned Court and the conditions of maintaining peace, committing no offence, and not hampering or tampering with evidence; violation might entail cancellation of bail; case diary to be returned; petition stands allowed and disposed of.

Issue for consideration

Whether the petitioner Giyasuddin @ Giyasuddin Ahmed, an under-trial detainee since 30.06.2025 in connection with Kharupetia P.S Case No. 72/2025, should be enlarged on regular bail notwithstanding that the investigation is not complete.

Court's answer

Although the investigation is not completed, the Court allowed the petitioner to go on bail of Rs.30,000/- with one surety of the like amount, considering the apparent injuries of the accused and the length of detention, subject to the satisfaction of the concerned learned Court.

Ratio / Principle

Release on bail was made subject to conditions: the petitioner shall maintain peace (para 23/I), shall not commit any offence (para 24/II), and shall not hamper or tamper with evidence (para 25/III).

Key takeaways

Violation of the bail conditions might entail cancellation of the bail.ratio¶26
The Court directed that the case diary be returned.¶27

Detailed headnote1 paragraphs

Bail Appln./2222/2025, The Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh), order dated 10.09.2025 by Hon'ble Mr. Justice Pranjal Das — Application under Section 483 of BNSS, 2023 for regular bail by Giyasuddin @ Giyasuddin Ahmed, in under-trial detention since 30.06.2025 in Kharupetia P.S Case No. 72/2025 under Sections 61(2)/329(3)/118(2)/109(1)/74/351(3) of BNS. The case arose out of an ejahar regarding allegations of conflict over a land dispute followed by assault and serious injuries; petitioner's counsel pointed to a cross FIR filed by the accused's side and two deaths on the accused's side in the conflict. Perusing the case diary, the Court noted that investigation had progressed but was not complete, and that photographs of injured persons, including the present accused, prima facie gave the impression of serious injury. Weighing the apparent injuries of the accused and the length of detention, the Court allowed the petitioner to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the like amount, subject to the satisfaction of the concerned learned Court and the conditions that he maintain peace, commit no offence, and not hamper or tamper with evidence; violation of the bail conditions might entail cancellation of bail. The case diary was ordered returned and the bail petition stood allowed and disposed of.

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GAHC010150472025

2025:GAU-AS:12319

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./2222/2025

GIYASUDDIN @ GIYASUDDIN AHMED S/O- LATE KITAP ALI MONDAL @ KITAP ALI. R/O- VILL.- PACHIM PODOKHAT. P.S.- DHULA, DIST.- DARRANG, ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR M AHMED, MR A. ALI,A. K. KANU

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

10.09.2025

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

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2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Giyasuddin @ Giyasuddin Ahmed , who is stated to be in under trial detention since 30.06.2025 and seeking regular bail in connection with Kharupetia P.S Case No. 72/2025 under Sections

61(2)/329(3)/118(2)/109(1)/74/351(3) of BNS.

3. The case arose out of an ejahar regarding allegations of conflict over land dispute followed by assault and serious injuries.

4 . It is submitted by the learned counsel for the petitioner that there is also a cross FIR filed from the side of the accused herein against the informant’s side of the present police case regarding such conflicts and assaults. Two persons are also stated to have expired from the side of the present accused in the said conflict.

5 . Case diary has been received. I have perused the relevant portions of it. Investigation has progressed but not yet complete. Some photographs of injured persons including that of the present accused is also seen which prima-facie gives the impression of serious injury.

6 . Though the investigation is not completed but considering the apparent injuries of the accused and the length of detention – the above-named petitioner is allowed to go on bail of Rs.30,000/(Rupees Thirty Thousand) only with one surety of the like amount subject to the satisfaction of the concerned learned court with following conditions:.

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I) That the petitioner shall maintain peace;

II) That the petitioner shall not commit any offence;

III) That the petitioner shall not hamper or tamper with evidence.

7. Violation of bail conditions might entail cancellation of the bail.

8. Return back the case diary.

9. With the above observations, this bail petition stands allowed and stands disposed of.

JUDGE

Comparing Assistant