Raju Ahmed and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Raju Ahmed and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioners on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount, to the satisfaction of the learned jurisdictional court, subject to their cooperation in the investigation; jurisdictional court free to impose further conditions, with liberty to seek cancellation of bail on failure to cooperate.

Issue for consideration

Whether the petitioners, in custody in connection with Patacharkuchi P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023, are entitled to bail under Section 483 of the BNSS, 2023.

Court's answer

The case diary does not reveal recovery of any incriminating item from the petitioners, and the primary basis for their arrest appears to be the analysis of the CDR.

Ratio / Principle

The petitioners may be granted bail at this stage, subject to their cooperation in the investigation.

Key takeaways

The petitioners are allowed to go on bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount, to the satisfaction of the learned jurisdictional court.ratio¶21
The learned jurisdictional court is at liberty to impose conditions to ensure the petitioners' participation in the investigation; on failure to cooperate, the investigating authority may bring it to the court's notice for cancellation of bail.ratio¶24

Detailed headnote1 paragraphs

Bail application under Section 483 of the BNSS, 2023 in connection with Patacharkuchi P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023. The ground of arrest of the petitioners (Raju Ahmed and Ariful Hussain) was shown to be analysis of CDR and tower dump data by the Cyber Cell, Bajali, allegedly showing their presence at the place of occurrence during the midnight of 16.01.2026-17.01.2026; however, the case diary did not reveal recovery of any incriminating item from the petitioners, and the primary basis for arrest appeared to be the CDR analysis. Custodial interrogation had been allowed, and the petitioners had already been in custody for 39 days. Held: the petitioners may be granted bail at this stage, subject to cooperation in the investigation; bail allowed on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount to the satisfaction of the learned jurisdictional court, which was left free to impose such conditions as deemed necessary to ensure participation in the investigation, with liberty to the investigating authority to seek cancellation of bail in case of failure to cooperate.

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GAHC010027222026

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

Case No. : Bail Appln./428/2026

RAJU AHMED AND ANR S/O RIAZUDIN AHMED R/O VILL SIMALIYA, NALBARI P.O.MULARKUCHI, P.S.BELSOR DISTRICT- NALBARI, ASSAM PIN-781303 2: ARIFUL HUSSAIN S/O NAJIR ALI R/O VILL- BIHAMPUR NALBARI P.O. MULARKUCHI P.S. BELSOR

DIST. NALBARI ASSAM PIN-78130 VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. SK S N MOHAMMAD, MD. K ISLAM,FARNAZ N A HUSSAIN

Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

09.03.2026

Heard Mr. SK. S. N. Mohammad, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned APP for the State.

This bail application under Section 483 of the BNSS, 2023 praying for granting bail to the petitioners, namely, Raju Ahmed and Ariful Hussain, in connection with Patacharkuchi P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023.

The Case Diary (CD) called for has been received.

The ground of arrest of the petitioners is shown to be the analysis of the CDR and tower dump data by the Cyber Cell, Bajali, which allegedly shows the presence of the accused persons at the place of occurrence during the midnight of 16.01.2026–17.01.2026. However, the Case Diary does not reveal recovery of any incriminating item from the petitioners, and the primary basis for their arrest appears to be the analysis of the CDR.

Custodial interrogation was allowed for the purpose of revealing their role, participation, and the alleged planning of the offence, which required verification through custodial interrogation.

The petitioners have already been in custody for 39 days.

In the circumstances, this Court is of the opinion that the petitioners may be granted bail at this stage, subject to their cooperation in the investigation.

Accordingly, the petitioners are allowed to go on bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount, to the satisfaction of the learned jurisdictional court in connection with Patacharkuchi

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P.S. Case No. 09/2026 under Sections 331(4)/305 of the BNS, 2023.

The learned jurisdictional court shall be at liberty to impose such conditions as may be deemed necessary to ensure their participation in the investigation. The petitioners shall cooperate with the investigation, and in case of failure to do so, the investigating authority shall be at liberty to bring the same to the notice of the learned jurisdictional court for cancellation of bail.

JUDGE

Comparing Assistant