Ilius Uddin Alias Elius Hussain Vs the State of… — Murder and Culpable Homicide | Gauhati HC (2026)

Ilius Uddin Alias Elius Hussain Vs the State of… — Murder and Culpable Homicide | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest (interim) bail order dated 25.11.2025 made absolute, subject to conditions: (i) the petitioner shall co-operate with the process of law; (ii) the petitioner shall co-operate with any further investigation; (iii) the petitioner shall not violate any bail conditions imposed earlier; the anticipatory bail petition was accordingly allowed and disposed of.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be granted to the accused/applicant Ilius Uddin @ Elius Hussain, who apprehends arrest in Bhuragaon P.S. Case No. 49/2025 registered under Sections 61(2)/103(1)/118(2)/109 of BNS, 2023.

Court's answer

In view of the overall circumstances - chiefly that the petitioner was not sent up for trial in the first and main charge-sheet, and the I.O.'s report dated 02.02.2026 showing no complaint of violation of bail conditions - the Court found there was perhaps no reason why the interim bail should not be made absolute.

Ratio / Principle

The order of pre-arrest bail dated 25.11.2025 is made absolute, subject to the conditions that the petitioner shall (i) co-operate with the process of law, (ii) co-operate with any further investigation, and (iii) not violate any bail conditions imposed earlier.

Key takeaways

The anticipatory bail petition stands allowed and disposed of.ratio¶¶32

Detailed headnote1 paragraphs

Gauhati High Court (Pranjal Das, J.), order dated 02.02.2026 in Anticipatory Bail Application AB/2633/2025 by Ilius Uddin alias Elius Hussain under Section 482 BNSS, 2023, apprehending arrest in Bhuragaon P.S. Case No. 49/2025 (Ss. 61(2)/103(1)/118(2)/109 BNS, 2023) arising out of an FIR dated 18.08.2025 alleging assault on the informant's brother (who died) and his associate (grievously injured) on 16.08.2025. The petitioner's earlier bail plea (AB No. 2291/2025) had been rejected on 18.09.2025; interim bail was granted on 25.11.2025. Thereafter charge-sheet C.S. No. 61/2025 dated 11.11.2025 was filed against nine named accused, but the petitioner was not sent up for trial, with the I/O indicating possible further investigation and a subsequent charge-sheet. An objection by the informant's side alleging violation of bail conditions was negatived by the I.O.'s report dated 02.02.2026 recording no written or oral complaint of such violation. Considering chiefly that the petitioner was not sent up in the first and main charge-sheet, the Court held there was perhaps no reason why the interim bail should not be made absolute, and made the pre-arrest bail order of 25.11.2025 absolute subject to conditions of co-operation with the legal process and further investigation and non-violation of earlier bail conditions; the petition stands allowed and disposed of. No precedent was cited.

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GAHC010244942025

2026:GAU-AS:1274

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

Case No. : AB/2633/2025

ILIUS UDDIN ALIAS ELIUS HUSSAIN SON OF ABDUL AZIZ R/O ADHALABHETI P.S. BHURAGAON DIST. MORIGAON ASSAM PIN-782122

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM

-----------Advocate for : S K PODDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

02.02.2026

1. Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State.

2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting of anticipatory bail to the accused/applicant, namely, Ilius Uddin @ Elius Hussain , apprehending arrest in connection with Bhuragaon P.S. Case No. 49/2025 under Sections

61(2)/103(1)/118(2)/109 of BNS, 2023 .

3. The allegations in the FIR dated 18.08.2025, lodged by one Md. Amadadul Islam stating inter alia that on the date of the incident i.e. on 16.08.2025, the FIR accused persons assaulted the informant’s brother and his associate, resulting in the death of the informant’s brother and grievous injuries to the associate.

4. The learned counsel for the petitioner submits it is a subsequent bail petition as the earlier bail petition was rejected by this Court on 18.09.2025 in AB No. 2291/2025. It is also submitted that in the meantime, there is subsequent development as investigation is completed and charge sheet has been submitted

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against nine accused persons named in the FIR vide C.S. No. 61/2025 dated 11.11.2025 under section 61(2)/103(1)/118(2)/109 of BNS, 2023.

5. It is further submitted by the learned counsel for the petitioner that the present petitioner has not been sent up for trial in this aforementioned charge sheet, though I/O has stated about further investigation and filing of subsequent charge sheet, if any.

6. The learned counsel for the informant submits that though present petitioner has not been sent up for trial but he was involved in the alleged offences and further investigation is likely to incriminate him.

7. The petitioner was granted interim bail on 25.11.2025.

8. The scanned TCR has been received.

9. Informant’s side had filed an objection regarding violation of bail conditions, which however is denied by the side of the petitioner. However, a report was called for from the concerned I.O.

10. In this context, the learned Additional Public Prosecutor has placed the report dated 02.02.2026 stating that no written or oral complaint was received so far regarding violation of bail conditions by the accused person i.e. Ilius Uddin @ Elius Hussain. In the entire facts and circumstances, mainly considering that in the first and main charge-sheet, the petitioner have not been sent up for trial; there is perhaps no reason as to why the interim bail should not be made absolute.

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11. Accordingly, the order of pre-arrest bail dated 25.11.2025 is hereby made absolute subject to the conditions :

i) That the petitioner shall co-operate with the process of law;

ii) That the petitioner shall co-operate with any further investigation;

iii) That the petitioner shall not violate any bail conditions imposed earlier

12. Accordingly, this anticipatory bail petition stands allowed and disposed of .

JUDGE

Comparing Assistant