Page No.# 1/4 GAHC010113352025 2025:GAU-AS:7576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1172/2025 SAHIDUL ISLAM RESIDENT OF VILLAGE TAKUNA BORI, P.O. TOKONABORI, MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN-782104 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T DEURI, MR A ATREYA,U BHARADWAJ,MS. L WANGSA,MS A DAS,MRS. R S DEURI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.06.2025 1. Heard Mr. T. Deuri, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 has been filed by the petitioner, namely, Sahidul Islam, who is apprehending his arrest in connection with Mikirbheta P.S. Case No. 50/2025, under Sections 61(2)/143(3)/318(4)/316(2)/127(4)/351(3) of the BNS, 2023. 3. The gist of accusation in this case is that on 01.05.2025, one Maheswar Tudu had lodged an FIR before the In-Charge of Jaluguti Police Patrol Post station, inter alia, alleging that the informant, along with his nephew were brought to the SRB Brick Kiln of the present petitioner with the help of some brokers and were detained there for 25(twenty-five) days. Later on, they were recovered by the police. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and is no way involved in the offence alleged in this case. He submits that the informant was engaged as labourers in the Brick Kiln and it was mainly done by the co-accused Rashidul Ahmed, who has already been arrested. 5. He submits that the petitioner being the owner of the Brick Kiln himself not aware about the informant and his nephew being detained in the Brick Kiln for 25 (twenty-five) days. He further submits that the petitioner is ready to co-operate in the investigation. 6. He also submits that in the meanwhile, the co-accused Rashidul Ahmed, has already been arrested. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Mikirbheta P.S. Case No. 50/2025 and has submitted that the informant came to the Brick Kiln of the present Page No.# 3/4 petitioner from Jharkhand for doing work therein. However, they were not allowed to go back. He submits that there are sufficient incriminating materials against the present petitioner in the Case Diary. He also submits that the investigation has fairly progressed and if it is pending for arrest of the present petitioner. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the materials in the record. 9. Considering the nature of accusation in the FIR, as well as considering the fact that in the meanwhile, the investigation has fairly progressed. Hence, this Court is of the considered opinion that if the petitioner co-operates with the Investigating Officer, his custodial interrogation may not be necessary for fair completion of Mikirbheta P.S. Case No. 50/2025. 10. In view of the above, the above-named petitioner is hereby directed to appear before the Investigating Officer of Mikirbheta P.S. Case No. 50/2025, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner 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. 11. Send back the Case Diary. 12. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant