Page No.# 1/8 GAHC010112202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : Bail Appln./1733/2025 IMRADUL HOQUE AND 22 ORS. S/O LATE SAMS UDDIN VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114. 2: AMSER ALI S/O LATE JULHAZ ALI FAKIR VILL- 3 NO. DARRNAG BAHAJAR P.S. DALGAON DIST. DARRANG ASSAM PIN- 784114. 3: OMED ALI SON OF RAHMAT ALI VILL- 2 NO. KACHARI VETITOP P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 4: YAHIA HUSSAIN SON OF LATE ISRAFIL ALI VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN- 784114 Page No.# 2/8 5: JIARUL HOQUE S/O HAFIZ UDDIN VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG A SSAM PIN-784114 6: ABDUL HAMID SON OF LATE SAMS UDDIN VILL- KOPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 7: SAHADUL ISLAM SON OF LATE SAMS UDDIN VILL- KOPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 8: ILIAS ALI SON OF LATE SAMSUDDIN VILL- KOPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 9: ABUL KASEM SON OF LATE HASEN ALI VILL- 3 NO. DARRANG BAHAZAR P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 10: SAMAD ALI S/O LATE HASEN ALI Page No.# 3/8 VILL- 3 NO. DARRANG BAHAJAR P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 11: AHED ALI @ MOHAMMOD AHED ALI SON OF ROUCHAN ALI VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 12: MAHIDUL ISLAM @ MAFIDUL ISLAM SON OF ABBAS ALI VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 13: CHAND MIYA SON OF LATE RAJU SHEIKH VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 14: CHAN MIYA @ CHAND MIYA S/O LATE AKKAS ALI VILL- BARJHAR GRANT P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 15: SAMSER ALI SON OF ALI HUSSAIN VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 16: ASHADUL @ ASADUL ISLAM SO OF MOINUDDIN AHMED Page No.# 4/8 VILL- 3 NO. DARRANG BAHAZAR P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 17: GOLAP HUSSAIN SON OF LATE SURUZ ALI VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 18: JAINAL ABEDIN S/O LATE ABDUL LATIF VILL- NOARASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 19: RUSTAM ALI S/O CHAND MIYA VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 20: ABU BAKKAR SIDDIQUE SON OF ABED ALI VILL- NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 21: MAHIDUL @ MOIDUL ISLAM S/O LATE AKKAS ALI VILL-NAORASISA P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 Page No.# 5/8 22: HASIM UDDIN SON OF AMIR HUSSAIN VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 23: BAPDHAN ALI SON OF OMAR ALI VILL- KOUPATI GAON P.S. DALGAON DIST. DARRANG ASSAM PIN-784114 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.07.2025 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. A. M. Ahmed, the learned counsel for the petitioners. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, (1)Imradul Hoque (2) Amser Ali (3) Omed Ali Page No.# 6/8 (4) Yahia Hussain (5) Jiarul Hoque (6) Abdul Hamid (7) Sahadul Islam (8) Ilias Ali (9) Abul Kasem (10) Samad Ali (11) Ahed Ali @ Mohammod Ahed Ali (12) Mahidul Islam @ Mafidul Islam (13) Chand Miya (14) Chan Miya @ Chand Miya (15) Samser Ali (16) Ashadul @ Asadul Islam (17) Golap Hussain (18) Jainal Abedin (19) Rustam Ali (20) Abu Bakkar Sidique (21) Mahidul @ Moidul Islam (22) Hasim Uddin and (23) Bapdhan Ali, who have been detained behind the bars since 26.04.2025 (for the last 81 days) in connection with Dalgaon P.S. Case No. 84/2025, under Sections 61(2)/ 189(2)/ 127(2)/109/121(2) /324(5) /117(2)/118(2)/3(5) of BNS, 2023 R/W Section 3(1) of PDPP Act, 1984. 3. The gist of accusation in this case is that on 26.04.2025, one Trilochan Deka of Silbori Police out Post had lodged an FIR, inter alia, alleging that on the said date at around 8.30 pm, the informant along with some other police personal went to Silbori “Sand Mahal” on getting a report about commotion at that place. It is alleged in the FIR that when the informant along with other police personal reached at the Sand Mahal, the accused person along with hundred other persons stopped their vehicle and vandalized the vehicle and also assaulted the police personnel. The in-charge of Silbori Police outpost has sustained grievous injury along with some other police personnel. All the injured police personnel were shifted to Kharupetia CHC. 4. The learned senior counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in the FIR. It is submitted by the learned senior counsel for the petitioners that the petitioners were arrested from the place which was about one and half Page No.# 7/8 kilometer away from the place of occurrence of the offence. Learned senior counsel for the petitioners also submitted that the petitioners are behind the bar for last 81 days and considering the period of detention, they may be allowed to go on bail. 5. Learned senior counsel for the petitioners has also submitted that in the meanwhile the petitioner Nos.13 and 14 have already been released on bail on the ground of their old age. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dalgaon PS Case No. 84/2025 and has submitted that this is a case where police personnel were assaulted and injured seriously and there are sufficient incriminating materials in the case diary. Hence, he opposed in granting bail to the petitioner. He also submits some of the co-accused persons are yet to be arrested. He also submits that the in-charge of the Silbori PS has also sustained grievous injury on his person. 7. I have considered the submissions made by the learned counsel for both sides. I have also gone through the case diary which has been produced by the learned Additional Public Prosecutor. Though the offence involved in this case is very serious in nature and there are sufficient incriminating materials against the petitioners in the case diary, however, considering the period of detention of the petitioners as well as progress made in the investigation, this Court is of the opinion that further custodial detention of the petitioners may not be required for fair completion of the investigation of the aforesaid case. Page No.# 8/8 8. Accordingly, the above-named petitioners except petitioner Nos.13 and 14 are allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) each with a suitable surety of like amount each , subject to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldai with following conditions that:- (i) the petitioners except petitioner Nos.13 and 14 shall appear before the Investigating Police Officer as and when called for and shall co- operate with the investigation; and (ii) the petitioners except petitioner Nos.13 and 14 shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant