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Md. Nishan Ali v. the State of Assam

Gauhati HC1 Jul 2026Bail Appln./1549/2026

Case brief

AI extract

What is this about?

Bail; Section 483 BNSS 2023 bail application; Section 80(2) BNS; Nagarbera P.S Case No.15/2026; Kamrup; JMFC Boko; 89 days custody; charge-sheet not filed; 90-day statutory period almost over; bail conditions fortnightly appearance before I.O.; bail cancellation on breach; Gauhati High Court; Susmita Phukan Khaund; 2026.

What did the court decide?

Petitioner enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount, subject to satisfaction of the learned JMFC, Boko, Kamrup, with conditions (refrain from alleged activities; fortnightly appearance before the I.O. till completion of investigation; no tampering with evidence); case diary directed to be sent back. ¶28

Md. Nishan Ali Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody for 89 days in Nagarbera P.S Case No.15/2026 (Section 80(2) BNS) without submission of the charge-sheet while the statutory period of 90 days is almost over, should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023.

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Court's answer

Petitioner enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount, subject to the satisfaction of the learned JMFC, Boko, Kamrup.

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Ratio / Principle

Bail subject to conditions: petitioner to refrain from the activities alleged against him, to appear before the I.O. on every fortnight till completion of the investigation, and not to tamper with the evidence.

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Key takeaways

On breach of any of the bail conditions, the bail order shall stand cancelled.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Susmita Phukan Khaund, J.), order dated 02.07.2026 in Bail Appln./1549/2026 - Application under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023 by Md. Nishan Ali, in custody since 05.04.2026 in Nagarbera P.S Case No.15/2026 registered under Section 80(2) of BNS; charge-sheet not submitted though the petitioner had spent 89 days in custody and the statutory period of 90 days was almost over; petitioner expressed willingness to cooperate with investigation and trial - HELD: petitioner enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount, subject to satisfaction of the learned JMFC, Boko, Kamrup, on conditions that he refrain from the alleged activities, appear before the I.O. every fortnight till completion of investigation, and not tamper with evidence; on breach of any condition the bail order to stand cancelled; case diary sent back; bail application disposed of.

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GAHC010116802026

2026:GAU-AS:9451

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

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Case No. : Bail Appln./1549/2026

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MD. NISHAN ALI

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S/O- LATE SIRAJ ALI DEWANI, VILL- NO. 2 TUPAMARI, P.S. NAGARBERA DIST- KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM

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Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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02.07.2026

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

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This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Md. Nishan Ali , has prayed for bail as he is behind Bars since 05.04.2026 in connection with Nagarbera P.S Case No.15/2026, registered under Section 80(2) of BNS.

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The learned Additional Public Prosecutor has submitted that case diary has been received.

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It is submitted that charge-sheet has not yet been submitted. The petitioner has been behind Bars for 89 days and charge-sheet is yet to be submitted. The statutory period of 90 days is almost over.

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I have considered the submission that the petitioner is willing to cooperate with the investigation as well as with the trial, if charge-sheet is submitted against him.

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Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with a suitable surety of like amount subject to the satisfaction of the learned JMFC, Boko, Kamrup with following conditions:

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(i) the petitioner shall refrain from such activities with which he is alleged;

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