Page No.# 1/4 GAHC010106812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1638/2025 EMDADUL ISLAM @ AMDADUL ISLAM S/O- LATE ABUL HUSSAIN. R/O- VILL.- KUPUTAMARI. P.S.- BHURAGAON. DIST.- MORIGAON, ASSAM. PIN-782121 2: AJIJUL HOQUE S/O- AKBAR ALI R/O- VILL.- KUPUTAMARI. P.S.- BHURAGAON. DIST.- MORIGAON ASSAM. PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : DARAK ULLAH, MS. N PODDAR,S K PODDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.06.2025 1. Heard Mr. S. K. Poddar, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the petitioners, namely, 1. Emdadul Islam @ Amdadul Islam and 2. Ajijul Hoque who are detained behind the bars since 30.04.2025 (for last 35 days) in connection with Batadrava P.S. Case No. 62/2025 under Sections 61(2)/ 126(2)/ 125/ 324(4)/ 174/ 117(2)/ 351(2) /109 of BNS. 3. The gist of accusation in this case is that on 27.04.2025, one Dipjyoti Baruah, SI of Police of Doomdomia Police outpost had lodged an FIR before the Officer-in-charge of Batadrava Police Station, inter alia, alleging that on that day at around 5:40 PM, the Member of Parliament Mr. Pradyut Bordoloi and the MLA of Batadrava Constituency Ms. Shibamoni Bora and other delegates while going to attend a meeting of Congress Party, were attacked by a group of 8-10 miscreants with an intention to kill and injure them. It is further stated in the FIR, somehow the Member of Parliament along with other delegates escaped from the place. 4. The learned counsel for the petitioners has submitted that the FIR has been lodged due to political rivalry with the petitioners and the informants group. He also submitted that the petitioners were busy in campaigning with their party candidate about 40 km away from the place of occurrence. He further submits that when the petitioner No. 1 came to know that police is searching for him, he himself surrendered before the police station on 30.04.2025 and since then he is behind bars. He submits that considering the Page No.# 3/4 period of detention, the petitioners may be allowed to go on bail. 5. On the other hand, Additional Public Prosecutor has produced the case diary of Batadrava P.S. Case No. 62/2025 and has submitted that the witnesses whose statements were recorded under Section 180 BNS have stated that the petitioner No. 1 is the mastermind of the attack. However, he fairly submits that the attackers could not be identified as they were wearing marks over their face. He also submits that the injury report of the victims are yet to be received. 6. The learned Additional Public Prosecutor has also submitted that, in the meanwhile, the Investigating Officer has recorded the statement of around 19 witnesses and some other accused persons are yet to be arrested. 7. I have considered the submissions made by the learned counsel for the petitioners as well as the learned Additional Public Prosecutor. 8. On perusal of the case diary, it appears that apart from suspicion, at this stage, no concrete material is there regarding involvement of the present petitioners in the alleged offence. Moreover, considering the period of detention already undergone by the present petitioners (35 days), this Court is of considered opinion that their further custodial detention may not be necessary, if the petitioners co-operate in the investigation. 9. In view of above, both the above named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount, subject to the satisfaction of learned Elaka Magistrate, Nagaon with following conditions:- (i) 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 Page No.# 4/4 the Investigating Officer; (ii) That the petitioners shall co-operate in the investigation; 10. This bail application is accordingly disposed of. 11. Send back the case diary. JUDGE Comparing Assistant