Page No.# 1/4 GAHC010112202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : Bail Appln./1802/2025 NUR MOHAMMAD ALI @ NUR MAHAMAD AND ANR S/O- ATABUDDIN. R/O- VILL- MAJOR CHUBA P.O.- DHANSIRI BAZAR. P.S.-DALGAON DIST- DARRANG ASSAM. 2: YAKUB ALI S/O- ASMAT ALI. R/O-VILL.- KOPATIGAON P.S.- DALGAON DIST.- DARRANG ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY LD PP ASSAM ------------ Advocate for : MR B ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.07.2025 1. Heard Mr. O. Ansary, the learned counsel for the petitioners. Also heard Page No.# 2/4 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, Nur Mohammad Ali @ Nur Mahamad and Yakub Ali who have been detained behind the bars since 26.04.2025 and 05.05.2025 (for last 81 and 71 days respectively) in connection with Dalgaon PS Case No. 84/2025, under Section 61(2)/189(2)/127(2) / 109/121(2)/324(5)/117(2)/118(2)/3(5) of BNS, R/W Section 3(1) of Prevention of Damage to Public Property Act, 1984 (corresponding to G.R. No. 321/2025). 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 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 counsel for the petitioners that the petitioners were arrested from the place which was about one and half kilometer away from the place of occurrence of the offence. Learned counsel for the petitioners also submitted that the petitioners are behind the bar for last 81 days and Page No.# 3/4 considering the period of detention, they may be allowed to go on bail. 5. 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. 6. 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. 7. Accordingly, the above-named petitioners 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 shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioners 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 Page No.# 4/4 disclosing such facts before the Investigating Officer or to any Court. 7. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant