Page No.# 1/3 GAHC010097032025 2025:GAU-AS:5730 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1472/2025 RAJAN AHMED TAPADAR S/O ABDULMALIK TAPADAR, R/O ALAMKHANI, P.O. AND P.S.NILAM BAZAR, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A S TAPADAR, MR M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09-05-2025 Heard learned counsel Mr. A.S. Tapadar for the petitioner Rajan Ahmed Tapadar, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3 09.04.2025 in connection with Nilam Bazar Police Station Case No. 47/2025 registered under Sections 189(2)/190/223(a)(b)/329(3)/324(4)/221/109/62 and 132 of Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 of Prevention of Damage to Public Property Act, 1984 and Section 8(b) of National Highways Act, 1956. 2. Heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam, who has raised objection stating that bail cannot be granted without perusal of the Case Diary. 3. It is submitted on behalf of the petitioner that the petitioner is not a member of the Association which was allowed to conduct a peaceful dharna. It is further submitted that the petitioner is not named in the FIR. 4. The allegation against the accused named in the FIR is that while conducting dharna, they turned violent and attacked the police personnel and also another accused namely Bahar Siddique attempted to commit murder of the police personnel. 5. It is submitted that it has been categorically observed by the learned Sessions Judge, Sribhumi while passing the order dated 25.04.2025 in connection with Misc. Bail Application No. 168 of 2025 that Bahar Siddique was the accused who attempted to commit murder of the petitioner. 6. I have considered the submissions at the bar with circumspection and I have considered the length of detention and the role attributed to the petitioner. I have also considered the submission that the petitioner’s father is ailing and has been referred to CMC, Vellore. Annexure-5 are the medical documents Page No.# 3/3 relating to the ailment of petitioner’s father. 7. I have also considered the submission that the petitioner is willing to cooperate with the remaining part of investigation. 8. Considering all aspects, petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Sribhumi under the conditions that:- (i) petitioner shall refrain from such activities with which he is alleged and, (ii) petitioner shall cooperate with the remaining part of investigation. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant