Fakrul Islam v. the State of Assam
Case brief
What is this about?
Post-charge-sheet bail under S.483 BNSS, 2023 granted despite gravity of alleged offences (Ss.331(8)/310(2)/118(2) BNS) and prosecution objection, on grounds of prolonged under-trial detention since 19.07.2025, imminent commencement of trial, and parity with six of nine co-accused already on bail; conditional bail of Rs.50,000/- with like surety; cancellation on violation; complainant-protection direction to IO. Relevant to: bail after charge-sheet before committal; parity among co-accused; conditional bail safeguards; Gauhati High Court; Justice Pranjal Das; Sribhumi/Bazaricherra P.S.; Tofan Singh 2021 (4) SCC 1 cited on co-accused statement.
What did the court decide?
Bail granted: release of the accused-petitioner on bail of Rs. 50,000/- with one suitable surety of like amount, subject to conditions (no absconding, availability for trial; no hampering/tampering with evidence; no intimidating, harming or harassing the informant and witnesses; no misuse of liberty); violation may entail cancellation of bail; copy of the order to be furnished to the IO and explained to the complainant for prompt reporting of intimidation/threats.