Page No.# 1/4 GAHC010098482025 2025:GAU-AS:6769 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1513/2025 AFAZ ALI @ MD. AFAZ ALI AND ANR S/O- LATE MOZAMIL ALI. R/O- VILL- BON MOZA. P.S- MUKALMUA, DIST.- NALBARI, ASSAM. 2: NURUL ISLAM S/O- RIYAZ ALI. R/O- VILL.- KAPLABARI P.S- MUKALMUA DIST.- NALBARI ASSAM VERSUS THE STATE OF ASSAM. REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. L. RAHMAN,MR. R KONWAR,MR H ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.05.2025 Heard Mr. U K Barman, learned counsel for the petitioners and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Afaz Ali @ Md. Afaz Ali, son of late Mozamil Ali, resident of Village-Bon Moza, Police Station-Mukalmua, District-Nalbari and (ii) Nurul Islam, son of Riyaz Ali, resident of village-Kaplabari, Police Station-Mukalmua, District-Nalbari have filed this application under Section 483 BNSS, 2023 praying for their bail in Tamulpur Police Station Case No. 300/2024, under Sections 111(2)(b)/303(2)/317(2) of the BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 1004/2024, in which the petitioners were arrested on 07.04.2025 and are in custody since then. 3. Initially on 28.11.2024 a written FIR was lodged before the Tamulpur Police Station that during naka checking and area patrolling at Tamulpur Medical Chowk when an Omni vehicle bearing Registration No. AS-01-W-9745 that was coming from Dimlapur towards Tamulpur was signalled to stop, it fled away. On being chased, the vehicle was apprehended and while it was checked, the accused persons present there were found illegally carrying– (i) 13 gallons petrol each containing approx. 30 litres and (ii) 6 gallons of Diesel each containing approx. 30 litres suspected to be smuggled from Bhutan. On being led by the apprehended accused persons, police personnel from Tamulpur Police Station reached the house of another accused and when it was searched police found huge quantity of petroleum products, such as 10 gallons of petrol each containing approx. 25 litres and one drum containing approx. 100 litres of Diesel. The petroleum products along with the Omni vehicle were accordingly seized. 4. Said FIR dated 28.11.2024 was accordingly registered as Tamulpur P.S. Case No. 300/2024 under Sections 111(2)(b)/303(2)/317(2) of the BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955, corresponding to G.R. No. 1004/2024. Page No.# 3/4 5. During investigation of said Tamulpur P.S. Case No. 300/2024, on 06.04.2025 a vehicle bearing Registration No. AS-01-BM-2806 while apprehended and on being searched, incriminating articles like oil gallons were found in it and the accused persons, i.e., the petitioners herein admitted that they were on their way to Darangamela to collect diesel. On being interrogated, they named one Sabikul Islam of Darangamela. Police personnel from Tamulpur Poice Station along with the petitioners conducted search in the residence of said Sabikul Islam and found large quantity of petroleum products from his house which was accordingly seized. 6. After they were taken into custody on 07.04.2025 the petitioners were produced before the learned Additional Chief Judicial Magistrate, Mushalpur, Baksa on 07.04.2025 itself and since then they are in custody in said Tamulpur P.S. Case No. 300/2024. 7. On perusal of the case diary and considering the detention of the petitioners since 07.04.2025, this Court is of the opinion that their further custodial detention is not warranted for investigation of said Tamulpur P.S. Case No. 300/2024. 8. Accordingly, the petitioners, namely, (i) Afaz Ali @ Md. Afaz Ali, son of late Mozamil Ali and (ii) Nurul Islam, son of Riyaz Ali, be released on bail in said Tamulpur P.S. Case No. 300/2024, on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each, with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mushalpur, Baksa subject to the conditions that the petitioners, named above — i) shall appear before the concerned Investigating Officer of the case, as and when they are required for necessary investigation of said Tamulpur P.S. Case No. 300/2024. ii) shall not leave the territorial jurisdiction Tamulpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; ii) shall not hamper and/or tamper with the evidence of the case; Page No.# 4/4 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 and v) shall not involve themselves in any criminal activities in future. 9. Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Afaz Ali @ Md. Afaz Ali and (ii) Nurul Islam, the bail granted to them in said Tamulpur P.S. Case No. 300/2024 shall stand automatically vacated. 10. It is also made clear that the learned Additional Chief Judicial Magistrate, Mushalpur, Baksa shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners, named above, on bail in said Tamulpur P.S. Case No. 300/2024 to secure their attendance during the trial of the said case. 11. With the above observation and direction, this bail application stands allowed to the extent above. 12. Return the case diary. JUDGE Comparing Assistant