Page No.# 1/3 GAHC010119032025 2025:GAU-AS:8120 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1846/2025 RIAJ UDDIN ALIAS RIAZ UDDIN SON OIF SALMAN ALI, RESIDENT OF VILLAGE LAWGAON, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K AZAD,MR. S R BARBHUIYA,MR. N HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18-06-2025 Heard learned counsel Mr. P.K. Roychoudhury for the petitioner Riaj Uddin @ Riaz Uddin, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as the petitioner is behind bars since 13.05.2025 in connection with Nagaon Police Station Case No. Page No.# 2/3 378/2025 registered under Section 189(2)/117(2)/121(2)/308(2)/61(2)/109/ 174/351(2) of Bharatiya Nyaya Sanhita, 2023 2. Heard learned Additional Public Prosecutor Mr. P. Borthakur for the respondent State. 3. It is submitted on behalf of the petitioner that the petitioner is not named in the FIR. 4. The allegation against the petitioner is that the petitioner is involved in rigging, threatening and assaulting the police officials during Panchayat election and causing injuries on them. 5. It is submitted on behalf of the petitioner that the petitioner was not present at the place of occurrence and he was present in a different polling station at the time of the incident and Annexure-4 of the petition is his proof of alibi. 6. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 7. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. However, I have considered the length of detention. 8. It appears that the petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed Page No.# 3/3 upon him. 9. Considering all aspects, petition is allowed. 10. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon under the conditions that:- (i) the petitioner shall refrain from such activities with which he is alleged and, (ii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observation, this Bail Application stands disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant