Habibur Rahman Alias Haji Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Habibur Rahman Alias Haji Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Release of the accused-applicant on bail (default bail) upon furnishing a bail bond of Rs. 50,000/- with a surety of like nature to the satisfaction of the learned CJM, Chirang, Kajalgaon, Assam, subject to conditions of cooperation with investigation, abstention from inducement/threat/promise to witnesses, and non-tampering with evidence; bail application disposed of as allowed.

Issue for consideration

Whether the accused-applicant, who has already spent more than the mandatory 60 days in custody, is eligible for and should be released on default bail.

Court's answer

Taking into account the Additional P.P.'s submission that the accused-applicant, in custody beyond the mandatory 60 days, was eligible for default bail, the Court directed that the accused-applicant be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with a surety of like nature to the satisfaction of the learned CJM, Chirang, Kajalgaon, Assam.

Ratio / Principle

The release was made subject to conditions: that the accused-applicant cooperate with the investigation and remain available before the Investigating Officer as and when called; that he not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; and that he not tamper with the evidence nor hamper the trial.

Detailed headnote1 paragraphs

Gauhati High Court, single Bench (Hon'ble Mr. Justice Anjan Moni Kalita), order dated 13.07.2026 in Bail Appln./1395/2026: application under Section 483 of the BNSS, 2023 by Habibur Rahman alias Haji, arrested 13.05.2026 in Basugaon P.S. Case No. 06/2026 (Sections 308(5)/127(2)/61(2), BNS, 2023). With the accused already in custody for 61 days, i.e., beyond the mandatory 60 days, the Additional P.P. submitted that he was eligible for default bail; taking that submission into account, the Court directed release on a bail bond of Rs. 50,000/- with surety of like amount to the satisfaction of the CJM, Chirang, Kajalgaon, Assam, subject to conditions requiring cooperation with the investigation, abstention from inducement/threat/promise to witnesses, and non-tampering with evidence. Application disposed of as allowed.

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GAHC010088092026

2026:GAU-AS:9525

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

Case No. : Bail Appln./1395/2026

HABIBUR RAHMAN ALIAS HAJI S/O LATE AJIZUL SHEIKH R/O VILL- THURIBARI W/NO. 03 P.S. BASUGAON DIST. CHIRANG ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM

-----------Advocate for : MR A N IQBAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 13.07.2026

Heard Mr. A. N. Iqbal, learned counsel appearing for the accused-applicant. Also heard Mr. B. Sarma, learned Addl. P.P., representing the State respondent.

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2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused-applicant, who was arrested on 13.05.2026, in connection with Basugaon P.S. Case No. 06/2026, registered under Sections 308(5)/127(2)/61(2) of the BNS, 2023.

3. The prosecution’s case in brief is that on 23.04.2026, the informant, namely, Safiqul Islam, who has a Pharmacy at Basugaon, lodged an FIR alleging that on 15.05.2026, the accused-applicant called the informant to his house to discuss for treatment of a patient. When he reached the house of the accused-applicant at around 9.30 PM after closing the pharmacy, the accused-applicant showed him an unknown woman present at his house and told him that she required some treatment and thereafter, the accused-applicant left the room. After his leaving, some persons knocked on the door of the house and the woman who opened the door. On opening of the door, three persons entered the room and started threatening and beating the informant and forced him to sit with the woman and demanded money from him, telling him to confess his involvement in immoral activities with her. The three unknown persons claimed themselves to be NDFB members and threatened to kill him and his family. On the next date, the accusedapplicant had to pay an amount of Rs. 2,30,000/- in cash to the accused person in the presence of one person, namely, Amir Hussain Mondal.

4. On receipt of the FIR, the police registered Basugaon P.S. Case No. 06/2026 under the aforementioned sections.

5. The police arrested the accused-applicant on 13.05.2026 and since then he is behind the bars.

6. The learned Addl. P.P., submits that the accused-applicant is already behind the bars for the last 61 days and since he is accused of offences under Sections 308(5)/127(2)/61(2) of the BNS, he is eligible for default bail at this stage, since he

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has already spent the mandatory 60 days behind the bars.

7. Taking into account the aforesaid submission, it is directed that the accusedapplicant should be released on bail on furnishing a bail bond of Rs. 50,000/(Rupees Fifty Thousand only) with a surety of like nature to the satisfaction of the learned CJM, Chirang, Kajalgaon, Assam, subject to the following conditions: -

(1) That the accused-applicant shall cooperate with the investigation and make himself available before the Investigating Officer, as and when called for;

(2) That the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority;

(3) That the accused-applicant shall not tamper with the evidence nor hamper the trial in any manner whatsoever.

8. In view of the aforesaid directions, the instant bail application is disposed of as allowed.

JUDGE

Comparing Assistant