Allowed¶27

Ali Hossain Alias Ali Hussain Sk v. the State of Assam

Gauhati HC15 Jul 2026Bail Appln./1589/2026

Case brief

AI extract

What is this about?

Default bail; Section 483 BNSS 2023; Gauhati High Court; Justice Parthivjyoti Saikia; Bail Appln./1589/2026; neutral citation 2026:GAU-AS:9752; Dhubri P.S. Case No. 146/2026; BNS 2023 sections 61(2), 118(2), 308(7), 103(1), 3(5); death of wife by hanging; alleged demand of Rs. 5 lakh from deceased; section 103 BNS versus section 108 BNS (suicide); bail bond Rs. 25,000 with like surety; CJM Dhubri; order dated 16.07.2026; no precedents cited.

What did the court decide?

Release of the petitioner on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned CJM, Dhubri; the Case Diary (CD) to be returned; bail application disposed of. ¶27

Ali Hossain Alias Ali Hussain Sk Vs the State… — Murder and Culpable Homicide | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Release of the petitioner on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned CJM, Dhubri; the Case Diary (CD) to be returned; bail application disposed of.

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Issue for consideration

Whether the petitioner, arrested in connection with Dhubri P.S. Case No. 146/2026, is entitled to default bail under section 483 of BNSS, 2023. +1 more

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Court's answer

Agreeing with the submission of the petitioner's counsel, the Court held that if it is held to be the case of suicide, the petitioner is entitled to default bail.

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Ratio / Principle

After considering the materials in the record and its entirety, the Court decided to allow the prayer of the petitioner.

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Key takeaways

The petitioner, arrested in connection with Dhubri P.S. Case No. 146/2026, was directed to be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned CJM, Dhubri.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), order dated 16.07.2026 in Bail Appln./1589/2026: Ali Hossain alias Ali Hussain SK, arrested in connection with Dhubri P.S. Case No. 146/2026 registered under sections 61(2)/118(2)/308(7)/103(1)/3(5) of BNS, 2023, applied under section 483 of BNSS, 2023 for default bail. The FIR alleged that the petitioner and his family member physically and mentally harassed the deceased, the petitioner's wife; that Rs. 5 lakh was demanded from her and, on her refusal to pay, she was mercilessly beaten up; and that on 22.04.2026 the informant learnt that her dead body was lying in the petitioner's house. The Case Diary showed that the deceased died because of hanging. Accepting the submission of Mr. B.K. Mahajan, learned counsel for the petitioner, that the case, if one of suicide, is one under section 108 of the BNS rather than section 103 BNS, the Court held that, if held to be a case of suicide, the petitioner is entitled to default bail, allowed the prayer, and directed his release on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned CJM, Dhubri; the CD was ordered to be returned and the bail application stood disposed of. No precedent was cited or relied upon.

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GAHC010120992026

2026:GAU-AS:9752

THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./1589/2026

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ALI HOSSAIN ALIAS ALI HUSSAIN SK

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S/O ABDUL GAFURRESIDENT OF KISMAT HASDAHA PART-III, P.S. DHUBRI, DISTRICT DHUBRI, ASSAM.

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS

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Advocate for the Respondent : PP, ASSAM, MD A ISLAM(INFORMANT),MR. N ISLAM(INFORMANT)

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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16.07.2026

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Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. P. S Lakhar, learned Addl. P.P appearing for the State.

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2. This is an application under section 483 of BNSS, 2023 whereby the petitioner namely, Ali Hossain @ Ali Hussain SK has prayed for releasing him on bail after he was arrested in connection with Dhubri P.S Case No. 146/2026 u/s 61(2)/118(2)/308(7)/103(1)/3(5) of BNS, 2023.

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3. In the FIR it is alleged that the petitioner and his family member used to

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Page No.# 2/2

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physically and mentally harass the deceased who was the wife of the present petitioner. In the FIR, it is further alleged that an amount of Rs. 5 lakh was demanded from the deceased and when she refused to pay the money she was mercilessly beaten up. According to the informant on 22.04.2026 he came to know that the dead body of the deceased was lying in the house of the present petitioner.

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4. The Case Diary shows that the deceased died because of hanging.

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5. Mr. Mahajan, learned counsel for the petitioner has submitted that the deceased not the case under section 103 BNS rather it is the case of section 108 of the BNS.

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6. Under the given facts and circumstances, this Court has decided to agreed with Mr. B.K Mahajan, learned counsel for the petitioner, if it is held to be the case of suicide. The petitioner is entitled to default bail.

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7. After considering the materials in the record and its entirety, this Court has decided to allow the prayer of the petitioner.

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8. It is hereby directed that the petitioner, Ali Hossain @ Ali Hussain SK, who was arrested in connection with Dhubri P.S Case No. 146/2026 , shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned CJM Dhubri.

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With the aforesaid direction, this bail application stands disposed of. The CD shall be returned.

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JUDGE

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Comparing Assistant

Ali Hossain Alias Ali Hussain Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ali Hossain Alias Ali Hussain Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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