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

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

What the court decided

AI extract

Outcome

Petitioner Abul Hussain Choudhury released on bail on furnishing a bond of Rs.20,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court, subject to conditions of non-interaction with witnesses, no departure from the trial court's territorial jurisdiction without prior written permission, and attendance on each occasion directed; trial court at liberty to impose further conditions; bail petition disposed of.

Issue for consideration

Whether the petitioner, alleged to have abetted the suicide of the victim (administration of poison) in Hailakandi P.S. FIR No.05/2026 and facing trial in Sessions Case No.45/2026, should be released on bail under Section 483 of the BNSS, 2023 notwithstanding the witness statements implicating him.

Court's answer

On the facts and circumstances, and on going through the scanned TCR, the court held that release of the petitioner at this stage would not hamper the progress of the trial, provided strict conditions are imposed to prevent interaction with witnesses and to secure his presence at trial.

Ratio / Principle

Bail granted on a bond of Rs.20,000/- with two sureties of the like amount, subject to conditions: no interaction whatsoever with witnesses named in the charge sheet or who may be examined at trial; no leaving the territorial jurisdiction of the trial court without prior written permission; attendance before the trial court on each occasion directed; liberty reserved to the trial court to impose further conditions to ensure participation in the trial.

Detailed headnote1 paragraphs

Bail — Regular bail under S.483 BNSS, 2023 — Accused of abetment of suicide of victim girl (Ss.308(5)/103(1) BNS, 2023), Hailakandi P.S. FIR No.05/2026 dt. 08.01.2026, tried as Sessions Case No.45/2026 (Sessions Judge, Hailakandi) — Arrested 08.03.2026; charge sheet filed 09.03.2026; investigation apparently complete before arrest — State opposed bail citing witness statements implicating petitioner in administration of poison — Held, release at this stage would not hamper trial provided strict conditions imposed — Bail granted on bond of Rs.20,000/- with two like sureties — Conditions: no interaction with witnesses named in charge sheet or to be examined; no leaving trial court's territorial jurisdiction without prior written permission; attendance on each occasion directed; liberty to trial court to impose further conditions — Petition disposed of (Gauhati HC, Rajesh Mazumdar, J., 05.06.2026).

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GAHC010086382026

2026:GAU-AS:7860

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

Case No. : Bail Appln./1184/2026

ABUL HUSSAIN CHOUDHURY S/O- ALA UDDIN CHOUDHURY. R/O- VILL.- KUCHILA GRANT, P.O.- KUCHILA , P.S. AND DIST.HAILAKANDI, ASSAM, PIN- 788155

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. H A LASKAR, A. H. AHMED,MS D DUTTA,MR. S B LASKAR

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

05.06.2026

Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr.

K.K. Das, learned APP for the State.

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This is an application under Section 483 of the BNSS, 2023 praying for bail in connection with Sessions Case No.45/2026 by the learned Sessions Judge, Hailakandi arising out of Hailakandi P.S. FIR No.05/2026 dated 08.01.2026 under Sections 308(5)/103(1) of the BNS, 2023 (Corresponding to G.R. Case No.15/2026).

The trial court records, as called for, have been received.

The allegation against the petitioner is that of abetting the suicide of the victim. The petitioner was arrested on 08.03.2026 and the charge sheet had already been submitted on 09.03.2026. It appears that the investigation had been completed by the time the petitioner was arrested.

The matter is presently pending before the learned trial court.

The learned APP has opposed the prayer for bail by submitting that the statements of the witnesses implicate the petitioner in the administration of poison to the victim girl.

In the facts and circumstances of the case and upon going through the scanned copy of the records of the TCR, I am of the considered opinion that the release of the petitioner at this stage would not hamper the progress of the trial, provided that strict conditions are imposed to ensure that the petitioner

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does not, in any manner, interact with the witnesses proposed to be examined in the event the learned Trial Court frames charges against the petitioner and his presence in the trial is also ensured.

Accordingly, it is directed that the petitioner, namely Abul Hussain Choudhury be released on bail on furnishing a bond of Rs.20,000/- with 2 (two) sureties of the like amount to the satisfaction of the learned Trial Court. It is made clear that the petitioner shall not, in any manner whatsoever, interact with the witnesses named in the charge sheet or any witnesses who may be examined during the course of the trial. The petitioner shall also not leave the territorial jurisdiction of the learned Trial Court without obtaining prior written permission from the learned Trial Court. The petitioner shall ensure his attendance before the Learned Trial Court on each occasion directed.

The learned Trial Court shall be at liberty to impose such other conditions as may be deemed necessary to ensure the participation of the petitioner in the trial, as and when the same commences.

This bail petition is disposed of.

JUDGE

Comparing Assistant