Page No.# 1/3 GAHC010091162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1397/2025 AKHTISAM HOQUE S/O- AHSANUAL HOQUE. R/O- RITURAJ APRTMENT, 2ND FLOOR, BLOCK B -2E, SOUTH SARANIA, P.S- PALTANBAZAR, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.05.2025 1. Heard Mr. A. R. Bhuyan, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Akhtisam Hoque, who has been detained behind the bars Page No.# 2/3 since 24.04.2025 in connection with Paltan Bazar Case No. 97/2025 under Section 305 (a) of BNS, 2023. 3. The gist of accusation in this case is that on 07.04.2025, when Biswajit Basak had lodged an FIR before the Officer-In-Charge of Paltan Bazar Police Station, inter-alia, alleging that one mini iPad, 6th Generation, 64 GB, was stolen from the laptop store belonging to the first-informant. 4. The learned counsel for the petitioner has submitted that the petitioner is suffering from serious mental ailment and needs medical care. He also submits that in the meanwhile the iPad has already been recovered. 5. I have perused the materials on record, including the forwarding report dated 21.04.2025 filed by the Investigating Officer of this case before the Court of learned Chief Judicial, Magistrate, Kamrup (M) Guwahati. 6. On perusal of the said report, it appears that the evidence collected during investigation, i.e., CCTV footage of the store, shows the complicity of the present petitioner in the alleged offence. 7. However, the order dated 24.04.2025 passed by the learned Judicial, Magistrate, 1st Class, Kamrup (M), Guwahati shows that the said Magistrate had perused the medical report of the accused person, which shows that the accused petitioner is suffering from bipolar disorder. 8. Considering the fact that the stolen article has been recovered, as well as considering the medical condition of the present petitioner, this Court is of consideration that if the petitioner cooperates in the investigation, his custodial detention may not be necessary. 9. Hence, the above-named petitioner shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati with the Page No.# 3/3 following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 10. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant