Page No.# 1/4 GAHC010103672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1619/2025 INNUS ALI @ INNAS ALI. S/O- MALIK ALI. R/O- VILL.- SALMARI SAR. P.O- BHELKAR BAZAR. P.S.- HAJO. DIST.- KAMRUP (R), ASSAM. PIN-781102. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.06.2025 1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Innus Ali @ Innas Ali, who has been detained behind the Page No.# 2/4 bars since 29.04.2025 (for last 35 days) in connection with Basistha P.S. Case No. 247/2025 under Sections 61(2)/316(3) of BNS. 3. The gist of accusation in this case is that on 28.04.2025, one Indrajit Rajbongshi had lodged an FIR before the Officer-in-charge of Basistha Police Station, inter alia, alleging that on 25.04.2025, he had hired a truck bearing Registration No. AS-13-AC-5860 through a broker to transport certain goods to Karimganj. The truck was loaded with various goods and the goods were dispatched to its destination. However, on 27.04.2025, when the informant contacted the driver, he was informed that the vehicle was taken by the owner Abdus Salam and the phone number of the driver was found to be in switch-off mode. It is alleged in the FIR that the driver, owner and the broker have conspired with each other to misappropriate the goods loaded in the truck. 4. The learned counsel for the petitioner has submitted that the petitioner is an innocent person and not involved in the offence alleged in the FIR. He also submits that he has been implicated in this case mainly on the basis of statement of the main co-accused, namely, Rahim Badshah. He also submits that in the meanwhile, the co-accused Rahim Badshah has already been granted bail by the Court of the learned Additional Sessions Judge No. 1, Kamrup(M) by order dated 19.05.2025 in Bail Application No. 434/2025. He also submits that the goods which were loaded on the said truck have already been recovered. 5. The learned counsel for the petitioner further submits that considering the period of detention of 35 days behind the bars, he may be allowed to go on bail as the petitioner is ready to co-operate in the investigation. 6. On the other hand, the learned Additional Public Prosecutor has Page No.# 3/4 produced the case diary of Basistha P.S. Case No. 247/2025 which was called for in connection with this case. He vehemently opposed the grant of bail to the petitioner on the ground that the petitioner is a member of racket which used to unload the goods from hijack trucks and thereafter used to sell it to other persons. It is also submitted that the petitioner has led to recovery of some of the misappropriated articles. He also submits that the entire misappropriated goods are yet to be recovered and, therefore, if the petitioner is released at this stage it would impact the fair investigation. 7. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record including the case diary of Basistha P.S. Case No. 247/2025 which was produced before this Court. 8. It appears that some of the misappropriated articles have already been recovered. It also appears that the petitioner was remanded to police custody for nine days and, thereafter, he is in judicial custody and his further police custody was not sought for. It also appears that in the meanwhile one of the co- accused Rahim Badshah, on the basis of whose statement the petitioner was arrested, has already been released on bail. 9. Considering the aforesaid facts, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of Basistha P.S. Case No. 247/2025. 10. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) Page No.# 4/4 with following condition:- (i) That the petitioner 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; (ii) That the petitioner shall co-operate in the investigation; 11. This bail application is accordingly disposed of. 12. Send back the case diary. JUDGE Comparing Assistant