Page No.# 1/3 GAHC010116042025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1782/2025 MD. ASHIQUE S/O- SHEIKH MD. NASIR UDDIN. R/O- BOGORIGURI, NEAR ABDUL AWAL MEMORIAL HIGH SCHOOL, P.O- AND P.S.- JURIA, DIST.- NAGAON, ASSAM, PIN-782001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.06.2025 1. Heard Mr. K. Boruah, learned counsel for the petitioner. 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 petitioner, namely, Md. Ashique, who has been detained behind the bars since 18.04.2025 (for last 48 days) in connection with CID P.S. Case No. 6/2025 under Page No.# 2/3 Sections 61(2)/334(2)/112(2)/318(4)/316(5) of BNS. 3. The gist of accusation in this case is that on 22.03.2025, one Ranjan Kumar Das, Controller of Examination Assam State School Education Board (Division-II), had lodged an FIR, inter alia, alleging that an information was received regarding suspected leakage of question paper of mathematics of the Higher Secondary 1st Year (Class-11 Examination, 2025) and name of about 10 institutions were mentioned in the FIR which have violated the standard procedure regarding conduct of examination. 4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. He also submits that he is the son of the Sheikh Md. Nasir Uddin, who is also one of the co-accused in this case and who has already been granted anticipatory bail by this Court by order dated 28.05.2025 in AB No. 994/2025. 5. The learned counsel for the petitioner has also submitted that one another accused, namely, Abdul Hassan Barbhuiya has already granted interim protection by a Co-ordinate Bench of this Court in AB No. 832/2025 on 09.04.2025. He further submits that considering the fact that the petitioner has been detained behind the bars for last 48 days, he may be allowed to go on bail. 6. On the other hand, learned Additional Public Prosecutor has produced the case diary of CID P.S. Case No. 6/2025 and has opposed the grant of bail to the petitioner on the ground that sufficient incriminating materials are there against the present petitioner. He further submits that some of the co-accused are yet to be arrested and investigation is going on. 7. I have considered the submissions made by the learned counsel for Page No.# 3/3 both sides. 8. Since, two of the co-accused are granted protection from bail by this Court and investigation has fairly progress as well as considering the fact that the petitioner has been detained behind the bars for last 48 days, if he co- operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of the CID P.S. Case No. 6/2025. 9. Hence, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner 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 the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 10. This bail application is accordingly disposed of. 11. Send back the case diary. JUDGE Comparing Assistant