Jakir Hussain Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Jakir Hussain Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of like amount, subject to satisfaction of the learned Elaka Magistrate/Jurisdictional Court, with conditions of fortnightly appearance before the I.O. till completion of investigation and abstention from threatening witnesses or the victim; case diary to be sent back.

Issue for consideration

Whether the petitioner, in custody since 04.04.2026 (89 days) in connection with Dispur P.S. Case No. 191/2026 under Sections 64(1)/351(3) of BNS on an allegation of rape, should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, where the charge-sheet has not yet been received.

Court's answer

Considering the entire aspect of the matter, the petitioner was found fit to be enlarged on bail, having been behind bars for 89 days with the charge-sheet not yet received.

Ratio / Principle

The petitioner is enlarged on bail of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of like amount, subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court.

Key takeaways

Condition imposed: the petitioner shall appear before the I.O. on every fortnight till completion of the investigation.ratio¶24
On breach of any of the bail conditions, the bail order shall stand cancelled.ratio¶28

Detailed headnote1 paragraphs

Bail - Section 483 BNSS, 2023 - alleged rape under Sections 64(1)/351(3) BNS (Dispur P.S. Case No. 191/2026) - petitioner in custody since 04.04.2026 (89 days) - charge-sheet not yet received - Gauhati High Court (Mrs. Justice Susmita Phukan Khaund) enlarged the petitioner on bail of Rs. 50,000/- with one surety of like amount, subject to satisfaction of the learned Elaka Magistrate/Jurisdictional Court - conditions: appearance before the I.O. every fortnight till completion of investigation, and no threats to witnesses or the victim - breach entails cancellation of bail - case diary sent back; application disposed of (02.07.2026).

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GAHC010111472026

2026:GAU-AS:9448

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

Case No. : Bail Appln./1477/2026

JAKIR HUSSAIN S/O AHMED HUSSAIN

VILL. SILA KOROBARI P.S. CHANGSARI, DISTRICT KAMRUP (R), ASSAM, PIN 781101

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR M H CHOUDHURY, MS. ASMINA BEGUM

Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

02.07.2026

Heard Ms. A. Begum, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State.

This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Jakir Hussain , has prayed for bail as he is behind Bars since 04.04.2026 in connection with Dispur P.S Case No. 191/2026 under Sections

64(1)/351(3) of BNS.

The allegation against the petitioner is that he has committed rape on the victim “X”.

I have considered the submissions at the Bar with circumspection.

The case diary is received. However, charge-sheet has not yet been received.

The petitioner has been behind Bars for 89 days. It appears that bail may be granted to the petitioner.

Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court with following conditions:

(i) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation;

(ii) the petitioner shall not exercise threats to the

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witnesses or the victim

On breach of any of the bail conditions, bail order shall stand cancelled.

Send back the case diary.

Accordingly, the bail application stands disposed of.

JUDGE

Comparing Assistant