Page No.# 1/3 GAHC010098782025 2025:GAU-AS:7452 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1063/2025 MD ZIAUL HOQUE KHAN SON OF NURUL HOQUE KHAN HOUSE NO. 11, NAYANPUR GANESHGURI NEAR ROSE LAND ACADEMY, P.S. DISPUR, DIST. KAMRUP (M), ASSAM PHONE NO. 8638359597 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J KALITA, MR SOHAING Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 06.06.2025 1. Heard Mr. J. Kalita, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS for granting pre-arrest bail to the petitioner Md. Ziaul Hoque Khan in connection with Tamulpur Police Station Case No.115/2025 registered under Sections 61(2)/316(2)/318(4) of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 read with Section 14/15 of the Assam Game and Betting Act. 3. Mr. Kalita, learned counsel for the petitioner submits that petitioner is no way involved in the instant case. The house from where the 8(eight) numbers of accused persons were arrested belongs to his wife. He is also arrayed as an accused in the FIR only because of the said reason. 4. On the other hand, learned Additional Public Prosecutor submits that the offence in question had happened in the house of the petitioner, as such the petitioner has knowledge about the offence and he submits that he has connection with the offence and as such no bail should be granted to the petitioner. 5. I have given my thoughtful consideration to the arguments made at the Bar by both the parties. 6. It is admitted at the Bar that apart from the fact that the accused persons were arrested from the house of the petitioner, who were accused of offences under the Game and Betting Act, no further allegation is against the petitioner in the instant case. 7. It is also stated at the Bar that the petitioner lives in another house located at different place. Since in the body of the FIR the name of the petitioner appears only as the house owner, neither he was found there, nor any articles or suspicious items were recovered from him. He was not even found doing any suspicious activity in his house or elsewhere attracting the provision of Assam Game and Betting Act or any provision of the BNSS. Page No.# 3/3 8. As such, this Court directs that in the event of arrest he may be released on bail on furnishing of bail bond of Rs.20,000/- with one local surety of like amount to the satisfaction of the arresting authority. 9. The bail is subject to the following conditions : (1) The petitioner shall co-operate with the Investigating Officer as and when required. (2) The petitioner shall appear within 7(seven) days from the receipt of the order before the Investigating Officer for recording his statement. (3) The petitioner shall not leave the territorial jurisdiction without prior permission of the learned Chief Judicial Magistrate, Baksa. (4) The petitioner shall not directly or indirectly make any inducement, threats, promise to any person acquainted with the case. (5) The petitioner shall deposit his passport/visa, if any, to the Investigating Agency. (6) The petitioner shall not hamper with the investigation or tamper with the evidence. 10. This application stands disposed of. JUDGE Comparing Assistant