Allowed

Delwar Hussain v. the State of Assam

Gauhati HC14 Sept 2026AB/1987/2026

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a petition for anticipatory bail under Section 482 BNSS. The Court made the interim bail absolute, observing that the petitioner had cooperated with the investigation and there was reasonable progress, thus his interim bail need not be cancelled.

What did the court decide?

Interim bail granted vide dated 25.08.2026 made absolute subject to conditions of cooperating with investigation, not engaging in illegal activities, and not tampering with evidence.

Delwar Hussain Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

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GAHC010180412026

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

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Case No. : AB/1987/2026

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DELWAR HUSSAIN

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S/O GETHA SK, R/O VILL KAIM BHASANI PT I, PO HOWRAPAR, PS AND DIST DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM

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TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. SURAJIT DAS, MR. SAHIL AHMED,MR. RITUPAM MALI,A MISHRA,MR SARFRAZ NAWAZ

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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Date : 15.09.2026

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Heard Mr. S. Das, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

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Invoking 482 BNSS, the petitioner, namely, Delwar Hussain, has sought

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anticipatory bail in connection with Kazigaon P.S. Case No. 07/2026 u/s 62/305/3(5) of BNS, 2023.

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The gist of the allegation in the FIR is that on 28.02.2026 in the earlier hours of the morning, some unknown miscreants in a vehicle bearing Regd. No. AS-17G-8576, tried to steal cows and upon raising hue and cry, they fled away and subsequently hit a road side tree after travelling some distance. As revealed above, no persons are named in the FIR.

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The learned counsel for the petitioner drawing attention to a transport document submits that the owner of the said vehicle mentioned in the FIR is one Sakir Hussain and that the present petitioner had made an agreement with the said Sakir Hussain for purchase of the vehicle but it has not yet been transferred due his financial difficulties. It is submitted that after the vehicle got implicated, the owner, is trying to rope in the present petitioner and in this backdrop he seeking protection from this Court.

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On 25.08.2026, the petitioner was granted interim bail with conditions.

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The learned counsel for the petitioner submits that he has cooperated with the investigation and has appeared before the I/O and his statement has been recorded. That, he has also complied with the conditions.

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The case diary, as called for, has been received.

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The learned Additional Public Prosecutor fairly submits that pursuant to grant of interim bail, the petitioner has appeared before the I/O and his statement has been recorded. It is also submitted that the investigation has found implications against the petitioner as well. It is further submitted that

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there is reasonable progress in the investigation but the purported agreement between the petitioner and a person with regard to the vehicle is yet to be seized.

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I have perused the relevant portions of the case diary. I have given my anxious consideration to the matter. This Court is of the view that considering the progress of investigation and cooperation rendered by the petitioner, his interim bail need not be cancelled, despite the investigation revealing implications against him, as well.

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Accordingly, the interim bail vide dated 25.08.2026 is hereby made absolute subject to the conditions – that the petitioner shall co-operate with remaining investigation; that the petitioner shall not engage in any illegal activities or offenses; and that the petitioner shall not hamper or tamper with evidence.

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Violation or breach of condition(s) shall entail cancellation of the bail.

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The petition stands disposed of accordingly.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Delwar Hussain v. the State of Assam

Case brief

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Delwar Hussain v. the State of Assam

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