Allowed

Nazimul Hoque and Anr. v. the State of Assam

Gauhati HC15 Sept 2026AB/2057/2026

Case brief

AI extract

What is this about?

This judgment confirms the making absolute of interim anticipatory bail granted to the petitioners in a case involving death by suicide. The court held that despite incriminating materials suggesting extortion, there was no necessity to cancel the interim bail, subject to cooperation with the investigation.

What did the court decide?

Interim bail granted on 31.08.2026 is made absolute subject to cooperation with investigation and non-tampering with evidence.

Nazimul Hoque and Anr. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2026)

Page No.# 1/3

GAHC010184512026

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THE GAUHATI HIGH COURT

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

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Case No. : AB/2057/2026

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NAZIMUL HOQUE AND ANR S/O SIRAJ ALI @ SIRAJUDDIN AHMED R/O- VILL- SALOIPARA DISTRICT- DARRANG, ASSAM

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2: BIPUL HOQUE S/O SIRAJ ALI @ SIRAJUDDIN AHMED R/O- VILL- SALOIPARA DISTRICTDARRANG ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,MR A. ALI,A. K. KANU 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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16.09.2026

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Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor.

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This petition under Section 482 BNSS is filed by the petitioners, namely, Nazimul Hoque and Bipul Hoque apprehending arrest in connection with Sipajhar P.S. Case No. 104/2026 registered u/s 108/3(5) of BNS .

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Page No.# 2/3

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An FIR was lodged against the petitioners and their father as well on 24.06.2025 by the brother of the deceased stating that on that day, his brother Ariful Haque, was found in hanging condition near one river in the afternoon. It is alleged that 3 (three) accused persons named in the FIR had demanded money from him in connection with, girl related matter and also threatening.

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Drawing attention to the order dated 29.07.2026 in Misc (B) Case No. 216/2026 passed by the learned Additional Sessions Judge, FTC, Darrang, it is submitted and contended by the learned counsel for the petitioner that a case was lodged against the deceased with the allegation of having committed rape upon the sister of the petitioners and that, in the course of investigation of that case, the deceased was also custodially interrogated and there was a village meeting as well. Subsequently, the deceased was found hanging. The learned counsel submits that the penal provision given is abetment of suicide.

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The petitioner was granted interim bail on 31.08.2026 noticing some peculiar circumstances projected by the learned counsel. Learned counsel submits that pursuant to grant of interim they have co-operated and appeared before the IO and prays that their interim bail may be made absolute.

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Case diary has been received.

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Mr. Goswami, learned Additional Public Prosecutor confirms that the petitioners have appeared and their statements have been recorded but nevertheless, the investigation is stated to have revealed incriminating materials. It is submitted that the accused persons allegedly demanded one lakh from the deceased if he agrees to marry the girl in question and in the event of his refusal to marry, he was demanded to pay Rs.2 lakhs. Subsequently, the victim committed suicide.

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Page No.# 3/3

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Despite the aforesaid nature of the implicating materials as the investigation seems to have progressed and the petitioners have also rendered their cooperation in terms of the interim bail conditions, it may not be essential to cancel their interim bail.

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Accordingly, the interim bail passed earlier on 31.08.2026 is hereby made absolute subject to the condition that the petitioner;

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(a) shall co-operate with the remaining investigation;

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(b) shall not hamper or tamper with the evidence of the case.

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Accordingly, the anticipatory bail application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Nazimul Hoque and Anr. v. the State of Assam

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Nazimul Hoque and Anr. v. the State of Assam

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