Page No.# 1/3 GAHC010136532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2059/2025 BIPLAB KARMAKAR AND ANR S/O LATE DIJENDRA MOHAN KARMAKAR R/O WARD NO. 9, HOWLY TOWN, P.S. HOWLY DIST. BARPETA, ASSAM 2: KALACHAN KARMAKAR S/O LT. AKHIL KARMAR R/O WARD NO. 4 BARUABAZAR PUKHURIPAR P.S. HOWLY DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.06.2025 Page No.# 2/3 1. Heard learned counsel Mr. A. Ahmed for the petitioners namely, (i) Biplab Karmakar and (ii) Kalachan Karmakar, who have filed this application under section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 15.06.2025 in connection with Manikpur P.S. Case No. 59/2025 under Sections 334(1)/305 of the BNS with added Sections 61(2)/317(2)/317(4)/317(5)/112/238(c) of the BNS. 2. Heard learned Additional Public Prosecutor, Mr. B. Sharma for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection against the petitioner’s prayer for bail without perusal of the Case Diary. It is submitted that investigation is at its nascent Stage and the petitioners were arrested on 15.06.2025. Further investigation is required to unearth the truth if the petitioners are history sheeters and they are attuned to buying gold from the miscreants. 4. Learned counsel for the petitioners has submitted that the forwarding report marked as Annexure-2 of the petition clearly reveals that the petitioners police custody was not sought for while they were forwarded to custody. The prime- accused who were involved in stealing gold were forwarded to police custody whereas the petitioners were forwarded to judicial custody. 5. It is further submitted that as the petitioners are innocent, the gold was kept in the jewellery shop and the Annexure-4 i.e., the seizure list clearly reveals that gold was seized from the jewellery shop. 6. I have considered the submissions at the Bar with circumspection. 7. The stolen gold has already been recovered in melted condition. Page No.# 3/3 8. It appears that further custodial detention may not be required. The petitioners are local residents and they are not flight risks. 9. In view of my foregoing discussions, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that: (i) The petitioners shall refrain from such activities with which they are alleged, (ii) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioners shall not jump the bail. 10. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioners. 11. This application stands disposed of. JUDGE Comparing Assistant