Page No.# 1/3 GAHC010097912025 2025:GAU-AS:7662 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1507/2025 MIRAJUL HOQUE S/O BAKKAR ALI R/OVILL-BANBAHAR P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 11-06-2025 Heard learned counsel Mr. S.U. Ahmed for the petitioner Mirajul Hoque, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as the petitioner is behind bars for since 01.03.2025 in connection with PRC Case No. 197/2025 arising out of Simla Page No.# 2/3 Police Station Case No. 89/2024 under Section 303(2)/318(4) of Bharatiya Nyaya Sanhita, added Section 111(2)/111(4) of Bharatiya Nyaya Sanhita, 2023. 2. It is submitted that there are four accused in connection with this case and two accused have already been granted bail whereas one accused has been declared as an absconder. It is submitted that the petitioner’s relatives were not properly informed about the grounds of arrest and the scanned copies of the Trial Court Record clearly reveals that in the notice under Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the grounds of arrest were not properly communicated to the relatives of the petitioner. 3. It is submitted that the petitioner is willing to cooperate with the trial and to abide by any stringent bail conditions if imposed upon him. 4. Learned Additional Public Prosecutor Mr. B. Sarma on the contrary has raised serious objection stating that the petitioner is the prime accused and he has been involved in several cases and he is a history sheeter. The petitioner has withdrawn money belonging to other individuals and if he is enlarged on bail, the petitioner will be a menace to the society at large. 5. I have considered the submissions at the bar, with circumspection. I have considered the submission that the notice under Section 48 of BNSS is a cryptic notice and the grounds of arrest have not been communicated to the petitioner. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of investigation and he is not flight risk as he is a local resident. 6. Considering all aspects, petition is allowed. Page No.# 3/3 7. The 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 Sub-Divisional Judicial Magistrate (S), Baksa under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall not leave the jurisdiction of the Court till completion of trial and, (iii) the petitioner shall not jump the bail. 8. On breach of any of the bail conditions, the jurisdictional Court/Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant