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Najirul Islam v. the State of Assam

Gauhati HC16 Jul 2026Bail Appln./1902/2026

Case brief

AI extract

What is this about?

Gauhati High Court (Pranjal Das, J.), order dated 17.07.2026 in Bail Appln./1902/2026, Najirul Islam v. The State of Assam. Subsequent bail application under S. 483 BNSS, 2023 in Dhing P.S. Case No. 132/2026 under S. 61(2)/316(2)/317(2)/318(4) BNS, 2023 r/w S. 66(C)/66 IT Act; earlier bail rejected 23.06.2026 in BA No. 1523/2026; no fresh investigation after last rejection; bail granted of Rs.50,000/- with one surety of like amount subject to conditions; application allowed and disposed of; case diary returned.

What did the court decide?

Bail application allowed and disposed of; petitioner to be released on bail of Rs.50,000/- with one suitable surety of like amount, subject to conditions; case diary to be returned. ¶32

Najirul Islam Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Bail application allowed and disposed of; petitioner to be released on bail of Rs.50,000/- with one suitable surety of like amount, subject to conditions; case diary to be returned.

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Issue for consideration

Whether the accused petitioner Najirul Islam should be released on bail in connection with Dhing P.S. Case No. 132/2026 under Section 61(2)/316(2)/317(2)/318(4) of BNS, 2023 r/w Section 66(C)/66 IT Act. +1 more

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Court's answer

The accused petitioner was directed to be released on bail of Rs.50,000/- with one suitable surety of like amount, subject to conditions that he shall cooperate with the remaining investigation, shall not hamper or tamper with the evidence, and shall not commit any illegal activity; violation of bail conditions entails cancellation of bail.

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Ratio / Principle

On perusal of the relevant portions of the case diary, the Court found that there has been no investigation after the date of the last rejection of bail.

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Key takeaways

Considering the given facts and circumstances, the length of detention and the progress of investigation so far, the subsequent bail petition could be considered at this stage despite the earlier rejection.ratio¶25

Detailed headnote1 paragraphs

Bail — application under S. 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023 — subsequent bail petition after rejection of earlier petition (BA No. 1523/2026) on 23.06.2026 — offences under S. 61(2)/316(2)/317(2)/318(4) of BNS, 2023 r/w S. 66(C)/66 IT Act (Dhing P.S. Case No. 132/2026) — petitioner arrested 25.05.2026, in judicial custody since 30.05.2026 — allegations relate to transactions through SBI cash deposit machine and freezing of accounts — case diary perused; Court found no investigation after the date of last rejection — considering length of detention and progress of investigation, petition held maintainable at this stage and allowed — bail granted of Rs.50,000/- with one suitable surety of like amount, subject to conditions (cooperation with remaining investigation, no tampering with evidence, no illegal activity), violation entailing cancellation — case diary directed to be returned.

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GAHC010141722026

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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./1902/2026

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NAJIRUL ISLAM

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S/O-ROFIKUL ISLAM VILL- DHUPAGURI PATHAR. P.S- DHING DISTRICTNAGAON, ASSAM. PIN-782123

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M ALI, MR. H ISLAM,MR J FIRDAUS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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17.07.2026

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Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, 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 accused petitioner namely, Najirul Islam , has prayed for bail in connection with Dhing P.S. Case No. 132/2026 under Section 61(2)/316(2)/317(2)/318(4) of BNS, 2023 r/w Section 66(C)/66 IT Act .

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The petitioner was arrested on 25.05.2026 and stated to have been police remand till 30.05.2026 and since then, he has been detained in judicial custody.

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This is a subsequent bail petition the earlier bal petition was rejected by this Court on 23.06.2026 in BA No. 1523/2026.

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The case was lodged based on an FIR. The gist of allegations in the FIR is that due to defect in SBI cash deposit machine, the informant made two transactions from two different persons in exchange of being cashed and after receiving the amount, he made an online transaction for the next working day for his brother. Thereafter, his brother also made a transaction and both the accounts were frozen. Later, upon informing the bank, the informant came to know that his account and his brother account were frozen. Subsequently, the present petitioner and other were arrested.

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Learned Additional Public Prosecutor submits that investigation has revealed incriminating material against the petitioner. Further, fairly submits that there is offence of substantial progress in the investigation.

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Case diary has been produced before the Court and I have perused the relevant portions and I do not find any investigation after the date of last rejection.

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In the given facts and circumstances and considering the length of detention and also the progress of investigation so far, this petition can be considered at this stage.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner:

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