Allowed¶19

Nazrul Islam v. the State of Assam

Gauhati HC3 Sept 2025Bail Appln./2667/2025

Case brief

AI extract

What is this about?

Gauhati High Court, Mrs. Justice Susmita Phukan Khaund, order dated 04.09.2025 in Bail Appln./2667/2025: bail allowed under Section 483(1)(a) BNSS 2023 for petitioner Nazrul Islam, in custody since 26.04.2025 (132 days, beyond the 60-day statutory period) in Sessions Trial No. T2/87/2025 arising out of Fakiragram P.S. Case No. 23/2025 under Sections 113(3)/125/196/197(1)/352/253; bail bond Rs.30,000 with like surety; conditions - refrain from alleged activities, no leaving Court jurisdiction without prior permission till trial completion; breach permits immediate cancellation of bail; case diary to be sent back.

What did the court decide?

Petitioner to be enlarged on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount, subject to the stated conditions; application stands disposed of. ¶19

Nazrul Islam Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be enlarged on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount, subject to the stated conditions; application stands disposed of.

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Issue for consideration

Whether the petitioner, booked in Sessions Trial No. T2/87/2025 (Fakiragram P.S. Case No. 23/2025) and in custody since 26.04.2025 i.e. 132 days, exceeding the statutory period of 60 days for the offences he is booked under, should be granted bail under Section 483(1)(a) of the BNSS, 2023.

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Court's answer

The bail application is allowed; the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court.

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Ratio / Principle

Bail is subject to the conditions that the petitioner shall refrain from such activities with which he is alleged, and shall not leave the jurisdiction of the Court without prior permission till completion of trial.

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Key takeaways

On breach of any of the bail conditions, the Trial Court is at liberty to immediately cancel the bail granted to the petitioner.ratio¶23

Detailed headnote1 paragraphs

Bail Appln./2667/2025, filed under Section 483(1)(a) of the BNSS, 2023 by Nazrul Islam, who had been behind bars since 26.04.2025 (132 days) in connection with Sessions Trial No. T2/87/2025 arising out of Fakiragram P.S. Case No. 23/2025 registered under Sections 113(3)/125/196/197(1)/352/253, was allowed by the Gauhati High Court (Mrs. Justice Susmita Phukan Khaund) on 04.09.2025. Counsel submitted that the statutory period for the offences concerned is only 60 days whereas the petitioner had already been in custody for 132 days and offered to abide by stringent bail conditions; the Additional Public Prosecutor objected that the trial was at its initial stage. Considering all aspects, the petitioner was ordered to be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, on the conditions that he refrain from the alleged activities and not leave the Court's jurisdiction without prior permission till completion of trial; on breach of any condition the Trial Court may immediately cancel the bail. The application stands disposed of and the Case Diary is to be sent back.

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GAHC010182742025

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

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Case No. : Bail Appln./2667/2025

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NAZRUL ISLAM SON OF NURBOHOR SHEIKH, R/O VILL- TEKORKHATA CHITHILA, P.S. FAKIRAGRAM DIST. KOKRAJHAR, ASSAM, PIN NO. 783345.

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A U CHOUDHURY, MS. A KAUSHAR,MR S ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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04.09.2025

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Heard learned counsel Mr. S. Islam for the petitioner Nazrul Islam who has filed this application under Section 483 (1) (a) of the BNSS, 2023 with prayer for bail as he is behind bars since 26.04.2025, in connection with Sessions Trial No. T2/87/2025 arising out of Fakiragram P.S. Case No. 23/2025 registered under Sections 113(3)/125/196/197(1)/352/253.

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Heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the respondent State.

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It is submitted that the statutory period is only 60 days under which offences, the petitioner is booked. However, the petitioner has been behind bars for 132 days. It is submitted that the petitioner will cooperate with the trial and will abide by any stringent bail conditions if imposed upon him.

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Learned Additional Public Prosecutor has raised objection stating that trial is at its initial stage.

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I have considered the submissions at the Bar with circumspection. I have also considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him.

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Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that:

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