Page No.# 1/3 GAHC010081662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1230/2025 AZIMUDDIN AHMED @ MD AJIMUDDIN @ AJIMUDDIN AHMED S/O SONAUDDIN SHEIH VILL-BARUN GAON, BARUA PATHAR, CHAMARIA, P.S.BOKO MANDIRA OUT POST.DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.04.2025 1. Heard learned counsel Mr. R. Ali for the petitioner Azimuddin Ahmed @Md Ajimuddin @Ajimuddin Ahmed. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 27.03.2025 in connection Page No.# 2/3 with Jagiroad Police Station Case No. 249/2024 under Sections 309(4) of the BNS with added Section 111(2) of the BNS. 3. Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he is involved in robbery of a truck carrying 32,900 kgs of areca nuts. 5. It is submitted on behalf of the petitioner that the petitioner is not involved in this case. It is further submitted that the prime accused from whose possession the truck has been recovered has already been enlarged on bail. The petitioner has prayed for bail on the grounds of parity. 6. Learned Additional Public Prosecutor has raised serious objection stating that this is a case of robbery and without perusal of the Case Diary, bail cannot be considered in such a serious offence. 7. I have considered the submissions at the Bar. 8. I have considered the length of detention. I have also considered the fact that the two prime accused have already been enlarged on bail. 9. It appears that custodial detention may not be required to further the progress of investigation. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Morigaon, under the conditions that: (i) The petitioner shall refrain from such Page No.# 3/3 activities with which he is alleged, and (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation. 11. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant