Page No.# 1/5 GAHC010085242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1244/2025 RAJU SHANKHARE AND 2 ORS. S/O MAN BAHADUR SHANKHARE, R/O KANGLATONGBI TISPARI P.S.SEKMAI, P.O. KANGLATONGBI DIST. IMPHAL, WEST MANIPUR, MANIPUR, PIN- 795136 2: MUHAMMAD AKBAR S/OMUHAMMAD LEHARUDDIN R/O KHOMIDOKLPUM MAPAL P.S. MEIGANG P.O. KHOMIDOM DIST. IMPHAL EAST MANIPUR MANIPUR PIN-795010 3: LEIVON SNGTE KOM S/O LATE TINGCHEIKHUP KOM R/O SINAMKOM PURUMKHULLEN P.S. SAIKUL P.O.PURUMKHULLEN DIST. SENAPATI MANIPUR PIN-795010 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/5 Advocate for the Petitioner : MR J ABEDIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.04.2025 1. Heard Mr. J. Abedin, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Raju Shankhare, 2. Muhammad Akbar and 3. Leivon Sngte Kom, who have been detained behind the bars since 15.03.2025 (for last 45 days) in connection with Dispur P.S. Case No. 236/2025 under Section 303(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 10.03.2025, one Gumur Brahma, had lodged an FIR before the Officer-In-Charge of Dispur Police Station inter alia alleging that his bike (Pulsar NS200) bearing registration No. AS-01-FW-5648 was stolen on that day at about 3.30 a.m. from Mathura Nagar House No. 3-A, Heritage Apartment. 4. The learned counsel for the petitioners has submitted that the petitioners are innocent and they are no way involved in any manner with the offence alleged in this case. He submits that the petitioners were apprehended when they were travelling by bus. He also submits that the Page No.# 3/5 stolen bike was recovered from another co-accused namely, Gaingamilung Golmei on 14.03.2025. He also submits that the seizure in connection with this case of Rs. 4,00,000/- (Rupees four lakhs only) from the blue hill night super bus has been shown in this case. However, learned counsel for the petitioners submits that they are no way connected with the said seizure of this case as the same was seized from the possession of the driver and the same was given to him by some businessmen. 5. The learned counsel for the petitioners has further submitted that the though the petitioners were travelling by Blue Hills Bus bearing Registration No. MN-01-2194 but they are no way connected with the seizure of Rs. 4,00,000/- from the bus and the petitioners are no way involved with offence alleged in this case. 6. Further, the learned counsel for the petitioners submits that the petitioners are languishing behind the bars since last 45 days and considering the period of detention, they may be released on bail. 7. On the other hand, the learned Additional Public Prosecutor, Assam, has produced the Case Diary of Dispur P.S. Case No. 236/2025 and has submitted that there are incriminating materials against the petitioners. He however, submits that the petitioners in their statement have admitted regarding their involvement in the offence alleged in this case. He also submits that the petitioners are involved in organized crime of stealing bike. Page No.# 4/5 8. I have considered the submissions made by the learned counsel for both the parties and perused the materials on record including the case diary of Dispur P.S. Case No. 236/2025. The instant case was registered in respect of offence of theft in connection with a bike (Pulsar NS200) bearing registration No. AS-01-FW-5648 and the stolen bike was not recovered from the possession of the present petitioners. 9. Considering the fact that the petitioners are detained behind the bars for the last 45 days as well as considering the progress made in the investigation, this Court is of the view that if the petitioners cooperate with the investigating officer, their further custodial interrogation may not be necessary and hence, the above-named petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with a suitable surety of like amount each, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati with the following conditions:- (i) the petitioners shall appear before the Investigating Police Officer within 7(seven) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observations, this bail application is hereby disposed of. Page No.# 5/5 11. Return the case diary. JUDGE Comparing Assistant