Page No.# 1/3 GAHC010106092025 2025:GAU-AS:6546 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1663/2025 KESHAB KALITA S/O- LATE JITENDRA KALITA, RESIDENT OF- SECTOR-3, UDAY NAGAR, HILL SIDE. POLICE STATION- NOONMATI, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R K PRADHAN, MR. A K SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 23/05/2025 Heard Mr. R K Pradhan, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Keshab Kalita, son of Late Jitendra Kalita, resident of Sector-3, Uday Nagar, Hill side, P.S. Noonmati, District-Kamrup (Metro), has filed this application under Section 483 of BNSS, 2023, on 17.05.2025, praying for his bail in Noonmati Police Station Case No. 93/2025 registered under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025, wherein he was arrested on 11.05.2025 and is in custody Page No.# 2/3 since then. 3. As per the FIR dated 11.05.2025 lodged before the Officer-in-Charge of Noonmati Police Station, the case is that an information was received from source that some unknown persons were involved in stealing petroleum fuel, i.e., AFT from oil tankers parked at IOCL Marketing Yard, Sector III for its sale in the smuggled market. The said information was accordingly shared between the DCP (Central) and the ACP (Noonmati). On the information from the DCP (Central), police personnel from Noonmati Police Station conducted an operation at the specific location and found the petitioner along with three others stealing petroleum fuel, i.e., AFT from the parked tanker at IOCL Refinery, Guwahati. During such operation, various incriminating materials were also found at the place of occurrence which were accordingly seized. On the basis of the said FIR, Noonmati P.S. Case No. 93/2025 under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025 was registered against the petitioner and the petitioner was accordingly apprehended. 4. The petitioner was arrested on 11.05.2025 and was produced before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 11.05.2025 itself. 5. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. 6. Considered the decision of the Hon’ble Division Bench dated 27.10.2017 passed in AB No. 1205/2017 (Jayanta Kumar Das Vs. The State of Assam). 7. Considering the period of detention of the petitioner in custody since 11.05.2025, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Noonmati P.S. Case No. 93/2025. As such, this bail application of the petitioner in said Noonmati P.S. Case is accepted. 8. Accordingly, the petitioner, namely, Keshab Kalita, son of Late Jitendra Kalita, be released on bail in said Noonmati P.S. Case No. 93/2025 registered under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025, on furnishing a bail bond of Rs.40,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, on conditions that the petitioner – Page No.# 3/3 (i) shall appear before the Investigating Officer of said Noonmati P.S. Case No. 93/2025 as and when he is required for necessary investigation of said Noonmati P.S. Case; (ii) shall not leave the territorial jurisdiction of Noonmati Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (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 or to any police officer; and (v) shall not involve himself in any criminal activities in future. 9. Violation of any of the aforesaid terms and conditions by the petitioner, Keshab Kalita, the bail granted to him in the aforesaid Noonmati P.S. Case No. 93/2025 shall stand automatically vacated. 10. Accordingly, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant