Page No.# 1/5 GAHC010097752025 2025:GAU-AS:6493 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1493/2025 AJIJUR RAHMAN AND ORS S/O- NAJUMUDDIN. R/O- VILL- 01 NO. FALGOR, RAMDIA, P.S- HAJO, DIST.- KAMRUP(R), ASSAM. PRESENT ADDRESS - 15TH MILE, BYRNIHAT, P.S- SONAPUR. DIST.- KAMRUP(M), ASSAM. 2: TAYEB ALI S/O- LATE KITAB ALI. R/O- VILL- 01 NO. FALGOR RAMDIA P.S- HAJO DIST.- KAMRUP(R) ASSAM. PRESENT ADDRESS - 15TH MILE BYRNIHAT P.S- SONAPUR. DIST.- KAMRUP(M) ASSAM. 3: KABIR ALI S/O- PHARMAN ALI. R/O- VILL- 01 NO. FALGOR RAMDIA P.S- HAJO DIST.- KAMRUP(R) ASSAM. PRESENT ADDRESS - 15TH MILE BYRNIHAT Page No.# 2/5 P.S- SONAPUR. DIST.- KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM. REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.05.2025 1. Heard Mr. S. Munir, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, (1) Ajijur Rahman, (2) Tayab Ali and (3) Kabir Ali, who have been detained behind the bars since 03.05.2025 (for the last 20 days), in connection with Sonapur P.S. Case No. 78/2025, under Sections 61(2)/303(2)/317(2)/318(4) of BNS, 2023. 3. The gist of accusation in this case is that on 02.05.2025, one Page No.# 3/5 Kuladeep Kalita, had lodged an FIR before the Officer-In-Charge of Sonapur Police Station, inter alia, alleging that on receipt of an information through reliable sources regarding storage of some stolen articles in the scrapyard of the present petitioners. A search was made in the Damp belonging to the present petitioners and some articles like copper plates, stolen gate, iron rods, battery, PWD Angles were recovered from there. 4. The petitioners failed to give satisfactory explanation or any documents regarding the recovered articles. 5. The learned counsel for the petitioners Mr. S. Munir has submitted that the petitioners are in the business of scrapyards and collecting old items. He submits that as the petitioners are the owners of the Damps, the rag-pickers used to sell old items to them and no documentation in that regard is normally kept. 6. He submits that there is no FIR lodged by the owner of the recovered article anywhere. He also submits that the petitioners are detained behind the bars for the last 20 days and considering the nature of the case and the period of detention, they may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor, namely, Mr. R.J. Baruah has produced the Case Diary of Sonapur P.S. Case No. 78/2025, and has submitted that the articles recovered from the scrapyards belonging to the present petitioners would not be accounted for by the petitioners as they failed to give any satisfactory explanation as to from where it has come. He further submits that the investigation is Page No.# 4/5 going on. 8. I have considered the submissions made by the learned counsel for both the sides and have gone through the Case Diary. Though some materials like iron gates, battery and rods were recovered from the scrapyards of the present petitioners, the same is only suspected to be stolen as till date, no FIR has been lodged by the owner or there is no material in the Case Diary, which indicates that there is any FIR by any person claiming to be the owner of the recovered property. Therefore, at this moment apart from mere suspicion of the recovered articles to be stolen articles, there is nothing more against the present petitioners and therefore, further custodial detention of the present petitioners is not justified, if they co-operate in the investigation. 9. For the aforesaid reasons, the above-named petitioners are allowed to go on bail of Rs. 30,000/- each with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions that:- (i) the petitioners shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant 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. 10. With the above observations, this bail application is accordingly disposed of. Page No.# 5/5 11. Send back the Case Diary. JUDGE Comparing Assistant