Page No.# 1/4 GAHC010075102025 2025:GAU-AS:5172 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1098/2025 MD JALAL ALI AND ANR S/O MAFEZUDDIN, R/O VILL- KUTNIKUCHI, P.S.- MUKALMUA, DIST- NALBARI (ASSAM) 2: MD. AZIM ALI S/O MAFEZUDDIN R/O VILL- KUTNIKUCHI P.S.- MUKALMUA DIST- NALBARI (ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 29.04.2025 \ Heard Mr. B. Chowdhury, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent. 2. This application filed under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot since 29.03.2025 in connection with Mukalmua P. S. Case No. 78/2025 [corresponding to G. R. Case No.261/2025], registered under Sections 61(2) (b)/ 303(2) /317(2)/317(4) of BNS, read with Section 7 of the Essential Commodities Act, 1955, and read with Section 23(a) of Petroleum Act, 1934. 3. The Case Diary as called for, has already been received and I have perused the same. 4. It is submitted by the learned counsel for the petitioners, Mr. Chowdhury, that the present petitioners have been behind bars for the last 32 days, and therefore, the Investigating Officer (I.O.) got sufficient opportunity to interrogate the petitioner while in custody. He further submits that, to date, no complaint has been lodged regarding the theft of any petroleum goods. It is a fact that a certain quantity of diesel was stored in the petitioner’s house for use in water pumps and a tractor for agricultural purposes. He also submits that the offences under Section 7 of the Essential Commodities Act and Section 23(a) of the Petroleum Act are bailable in nature, and that there are no ingredients present to attract the other sections registered under the BNS. He further submits that the petitioner remains ready and willing to cooperate with the I.O. in the further investigation of the case, if the privilege of bail is granted to him. Page No.# 3/4 5. On the other hand, Mr. Lahkar, learned Additional Public Prosecutor, submits that sufficient incriminating materials have been collected by the I.O. so far, and that the petitioners have failed to produce any receipt or proof of payment to establish that the diesel was genuinely purchased for agricultural purposes or used in the tractor. He further submits that a large quantity of diesel was stored in the house of the accused/petitioners. He also submits that the case is still under investigation, and therefore, bail may not be considered at this stage. 6. Considering the entire submissions made by the learned counsels for both sides and the materials available in the case diary and solely taking into account the length of detention already undergone by the accused/petitioners, i.e., 32 days, I am of the view that the I.O. got ample opportunity to interrogate the accused/petitioners while in custody. Accordingly, further custodial interrogation of the accused/petitioners does not appear to be necessary in the present case. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, the accused/petitioners, namely, Md. Jalal Ali and Md. Azim Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nalbari, without prior permission. Page No.# 4/4 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant