Page No.# 1/3 GAHC010122152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1871/2025 NOBI HUSSAIN AND ANR S/O LATE TUTA MIYA R/O VILL- 1 NO. GORUMARA P.S. SAMAGURI DIST. NAGAON, ASSAM 2: MD. ISMILE ALI KS/O LATE SIDDIK ALI R/OVILL- KUHUM TOLI P.S. SAMAGURI DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.06.2025 1. Heard Mr. S. M. Abdullah P, the learned counsel for the petitioners. Also Page No.# 2/3 heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Nobi Hussain and (2) Md. Ismile Ali, who are detained behind the bars since 31.05.2025 in connection with Tezpur P. S. Case No. 365/2025 under Sections 303(2)/112(2)/62/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 30.05.2025, one Gokul Hazarika had lodged an FIR before the Officer-in-Charge of Salonibari Police Out Post inter-alia, alleging that on 28.05.2025 during regular patrolling duty one vehicle bearing the Registration No. As 02N-11711 was intercepted, while it was coming towards Tezpur from Balipara side. 4. After inception, one of the person who was inside the vehicle namely, the present petitioner was apprehend, the others fled away from that place. 5. During search of the vehicle, one jute rope and some cow dung were recovered from the vehicle. 6. It is further stated in the vehicle during interrogation the accused persons confessed that they used to steal cattles and sell it to others. 7. The learned counsel for the petitioners has submitted that a bare perusal of the FIR would reveal that no offence has been disclosed in this case. 8. However, merely on the basis of suspicion, the petitioners have been detained behind the bars. 9. He submits that on 02.06.2025, the prayer for bail of the present petitioners was rejected by the Court of learned SDJM, Sonitur for giving some time for the investigating agency to investigate the matter. 10. The learned Additional Public Prosecutor on the other hand, has prayed Page No.# 3/3 for calling for the case diary, as perusal of the case diary would reveal the facts. 11. I have gone through the submission made by learned counsel for both sides. 12. A bare perusal of the FIR would reveal that no case has been named out under Section 303(2) of the BNS, 2023. 13. Further, merely stating that in the FIR petitioner has confessed that they used to steal cattle and sell it to others is also not sufficient to register a case under Section 112 of the BNS, 2023 unless some specific accusations is made in the FIR against the present petitioners as the FIR does not disclose any offence, the further custodial detention of the petitioners is not justified. 14. Hence, all the above-mentioned petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one suitable surety of like amount to the satisfaction of the learned Elaka Magistrate, Sonitpur, Tezpur subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners 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. JUDGE Comparing Assistant