Page No.# 1/3 GAHC010095902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1478/2025 MD. MOFAZEL HUSSAIN AND ANR S/O- AMIR HAMZA. R/O- VILL- SAWKUCHI. P.S- BASISTHA. DIST.- KAMRUP(M), ASSAM. 2: MD. ABIJUDDIN AHMED S/O- AAO BOKKO SIDDIK. R/O- VILL.- TANNIJHAR. P.S- DHULA. DIST.- DARRANG ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A AKBAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 23/05/2025 Heard Mr. B Chowdhury, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioners, namely, (1) Md. Mofazel Hussain, son of Amir Hamza, resident of Village- Page No.# 2/3 Sawkuchi, P.S. Basistha, District-Kamrup (Metro) and (2) Md. Abijuddin Ahmed, son of Aao Bokko Siddik, resident of Village-Tannijhar, P.S. Dhula, District-Darrang, have filed this application under Section 483 of BNSS, 2023, on 05.05.2025, praying for their bail in Hatigaon Police Station Case No. 55/2025 registered under Sections 132/118(1)/309(6)/3(5) of BNS, 2023 corresponding to G.R. No. 1637/2025, wherein they were arrested on 26.03.2025 and are in custody since then. 3. As per the FIR dated 25.03.2025 lodged before the Officer-in-Charge of Hatigaon Police Station by the victim himself, the case is that while he was in traffic controlling duty at Hatigaon Chariali Police Point in the morning around 9:30 AM, one e-Rickshaw bearing registration No. AS-01- GR-0972 was found parked at Hatigaon causing traffic congestion. When the informant asked the said e-Rickshaw to leave the said place as it was causing traffic congestion in the said area, the driver of the said e-Rickshaw petitioner No. 1 along with one Boga stared arguing with him and the petitioner No. 1 hit him on his head from his backside with the keys of his e-Rickshaw because of which he sustained severe injuries on his head and had profuse bleeding. At that point of time, some of the other associates of the petitioner No. 1 joined him and started assaulting the complainant/victim on his uniform shirt, took away his wallet from his pocket and snatched away his silver chain from his neck. The said FIR was accordingly registered as Hatigaon P.S. Case No. 55/2025 under Sections 132/118(1)/309(6)/3(5) of BNS, 2023. 4. The petitioners were arrested on 26.03.2025 and were produced before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 26.03.2025 itself. 5. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. However, it does not contain the medical report of the victim/informant. 7. Considering the period of detention of the petitioners in custody since 26.03.2025, the Court is of the view that further custodial detention of the petitioners, named above, are not warranted to investigate the said Hatigaon P.S. Case No. 55/2025. As such, this bail application of the petitioners in said Hatigaon P.S. Case is accepted. 8. Accordingly, the petitioners, namely, (1) Md. Mofazel Hussain, son of Amir Hamza and (2) Md. Abijuddin Ahmed, son of Aao Bokko Siddik, be released on bail in said Hatigaon P.S. Case No. 55/2025 registered under Sections 132/118(1)/309(6)/3(5) of BNS, 2023 corresponding to G.R. No. 1637/2025, on furnishing a bail bond of Rs.40,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, on Page No.# 3/3 conditions that the petitioners – (i) shall appear before the Investigating Officer of said Hatigaon P.S. Case No. 55/2025 as and when they are required for necessary investigation of said Hatigaon P.S. Case; (ii) shall not leave the territorial jurisdiction of Hatigaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 (v) shall not involve themselves in any criminal activities in future. 9. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Md. Mofazel Hussain and (2) Md. Abijuddin Ahmed, the bail granted to them in the aforesaid Hatigaon P.S. Case No. 55/2025 shall stand automatically vacated. 10. Accordingly, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant