Page No.# 1/3 GAHC010121272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1852/2025 EKRAM HUSSAIN ALIAS IMRAN S/O NUR AHAMMAD ALI R/O VILL- BHELKAR NO. 1 P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. J A AHMED, MR. K M HASSAN,MR L HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. J. A. Ahmed, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This bail application under Section 483 of BNSS, 2023 has been filed by Page No.# 2/3 the petitioner, namely, Ekram Hussain @ Imran, who has been detained behind the bars since 12.05.2025 (for the last 29 days) in connection with Basistha P. S. Case No. 255/2025 under Sections 316(3) of the BNS, 2023. 3. The gist of accusation in this case is that on 04.05.2025, one Santosh Jha had lodged an FIR before the Officer-in-Charge of Basistha Police Station, inter-alia, alleging that a vehicle bearing Registration No. AS-26AC-0874 was dispatched from Guwahati to Silchar with some goods. 4. However, the truck did not reach its destination at Silchar and it was suspected that the truck along with the consignments were stolen by the driver with the help of owner. 5. The learned counsel for the petitioner has submitted that the petitioner is innocent and no way involved in the alleged incident. 6. He submits that though the petitioner has been arrested on the ground that he is the owner of the vehicle, which was stolen in this case, however, he submits that the present petitioner is not the owner of the vehicle Registration No. AS-26AC-0874. 7. He submits that the petitioner has been arrested merely on the basis of the statement of co-accused, which are not true. 8. He further submits that the petitioner is ready to co-operate in the investigation. 9. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P. S. Case No. 255/2025. 10. The learned Additional Public Prosecutor has submitted that the present petitioner knowingly helped the co-accused persons to arrange other truck for transporting the stolen goods from the truck from which it was stolen. 11. He further submits that all stolen goods yet to be recovered and some of Page No.# 3/3 the accused persons are yet to be arrested, hence, on that ground he opposed the grant of bail to the petitioner. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Basistha P. S. Case No. 255/2025. 13. Though there are some materials indicating the complicity of the present petitioner in the offence alleged in this case, however, considering the fact that the petitioner is behind the bars for the last 31 days and is ready to cooperate in the investigation, this Court is of the opinion that if he cooperates in the investigation, further custodial detention may not be necessary. 14. Hence, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro) subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. 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. 15. This bail application is, accordingly disposed of. 16. Send back the case diary. JUDGE Comparing Assistant