Page No.# 1/4 GAHC010100642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1535/2025 BISWA JYOTI BARMAN AND 2 ORS. S/O JOGENDRA NATH BARMAN R/O BARPATHAR, NEAR LP SCHOOL, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM 2: ASHIQUE HUSSAIN S/O MIR HUSSAIN R/O WARD NO.05 NEAR SNATOSHI MAA MANDIR P.S. MANGALDAI DIST. DARRANG ASSAM 3: DHANMONI KALITA S/O BHABEN KALITA R/O LAH SRIHATI SUWALKUCHI P.S. SUWALKUCHI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN, MD IMRAN,MR. S B BORAH,MR S H SIKDAR,MR. A CHAUDHURY Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.06.2025 1. Heard Mr. A. Chaudhury, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Biswa Jyoti Barman (2) Ashique Hussain, and (3) Dhanmoni Kalita, who are detained behind the bars since 03.05.2025 (for the last 32 days) in connection with Hatigaon P. S. Case No. 83/2025 under Sections 309(6) of the BNS, 2023. 3. The gist of accusation in this case is that on 30.04.025, one Abuchama Ali had lodged an FIR before the Officer-in-Charge of Hatigaon Police Station that on 29.04.2025 while he was travelling from Jalukbari to Sijubari Mazar in his car, he was stopped by 7-8 persons in front of Lakhimi Nagar Petrol Pump. 4. It is also alleged in the FIR that those miscreants forcefully seated themselves inside the car of the informant and snatched the mobile phone of the informant as well as of one Sharifuddin Ahmed and assaulted both the informant and his friend. 5. It is also alleged that the money which was taken by the miscreants amounted to 4 lakhs. 6. The learned counsel for the petitioners has submitted that the petitioners are not named in the FIR. 7. He submits that in fact there was an altercation between one Pranab Page No.# 3/4 Rabha and the informant regarding some matter relating to online gaming and the petitioners intervened to settle the dispute as they were the common friend of both the sides. 8. The learned counsel for the petitioners has submitted that the petitioners are ready to cooperate in the investigation and considering the fact that they have already been detained behind the bars for last 32 days, they may be allowed to go on bail. 9. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Hatigaon P. S. Case No. 83/2025 and has submitted that though, the present petitioners have not been specifically named by the informant, however, during investigation it was found that some amount of money was also transferred through online transaction to the bank accounts of the present petitioners. 10. He further submits that there are materials in the case diary against one Khairul and one Rony and it is they who called the present petitioners at the place of occurrence. 11. The learned Additional Public Prosecutor further submits that the money which was taken from the informant is yet to be recovered. 12. I have considered the submissions made by the learned counsel for both sides and have perused the case diary of Hatigaon P. S. Case No. 83/2025. 13. It appears that though, there are some indications that some amount of money has been transferred through online mode in the accounts of the present petitioners, however, the informant has not implicated the present petitioners in this case. 14. Moreover, considering the fact that the petitioners have already been detained behind the bars for last 32 days and they are ready to cooperate in the Page No.# 4/4 investigation, their further custodial detention does not appear to be necessary for fair completion of the investigation of Hatigaon P. S. Case No. 83/2025. Hence, all the above-mentioned petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro) subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 15. This bail application is, accordingly disposed of. 16. Send back the case diary. JUDGE Comparing Assistant