Page No.# 1/2 GAHC010087072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1302/2025 JOHORUDDIN ALI @ JAHARUDDIN ALI S/O- HAMID ALI VILL- TANGABHITA KAITAMARI PART-III P.S. FAKIRGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS S S ZIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.05.2025 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Ms. S. S. Zia, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, who submits that though the Case Diary was called for, the same has not been produced. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Johoruddin Ali @ Jaharuddin Ali, who has been detained behind the bars since 25.03.2025 in Page No.# 2/2 connection with Hatigaon P.S. Case No. 54/2025 registered under Section 303 (2) BNS, 2023. The learned Senior Counsel for the petitioner has submitted that this is for the third occasion, the prosecution has failed to produce the Case Diary whereas the petitioner has behind the bars for the last 45 days. He also submits that the offence involve includes allegation regarding theft of battery of e-rickshaw in the cost of the said battery is stated in the forwarding report of the petitioner as Rs.10,000/- only. He submits that considering the value of the property involves as well as the period of detention has already undergone and the prayer for further custodial detention may not be necessary and prays for allowing the above named petitioner to go on bail. I have considered the submissions of learned counsel for both the sides and perused the case diary. Considering the submissions made by the learned counsel for both the sides and also considering the period of detention already undergone by the petitioner, the above-named petitioner in the aforementioned case is hereby allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned CJM, Kamrup (M) with following conditions:- (i) the petitioner shall not directly or indirectly make any inducement, threat or promise to the victim girl 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; and (ii) the petitioner shall cooperate with the trial. With the above observations, this bail application is hereby disposed of. Return the case diary. JUDGE Comparing Assistant