Page No.# 1/3 GAHC010137372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2062/2025 KASHIM ALI AHMED @ KASHEM ALI AHMED S/O- LATE NASIRUDDIN , R/O- VILL.- NOLDOBA, P.S. AND DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.06.2025 1. Heard learned counsel Mr. M. Khan for the petitioner Kashim Ali Ahmed @Kashem Ali Ahmed who has filed this application under section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 15.06.2025 in connection with Manikpur P.S. Case No. 59/2025 under Sections 334(1)/305 of Page No.# 2/3 the BNS with added Sections 61(2)/317(2)/317(4)/317(5)/112/238(e) 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 petitioner was arrested on 15.06.2025. Further investigation is required to unearth the truth if the petitioner is a history sheeter and if he is attuned to buying gold from miscreants. 4. Learned counsel for the petitioner has submitted that the forwarding report marked as Annexure-2 of the petition clearly reveals that the petitioner’s police custody was not sought for while he was forwarded to custody. The prime- accused who were involved in stealing gold were forwarded to police custody whereas the petitioner was forwarded to judicial custody. 5. It is further submitted that the petitioner is 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. Annexure-3 is the grounds of arrest. 6. It is submitted on behalf of the petitioner that the petitioner being a police constable had secretly informed the wife of the accused Mohibul Hussain about his apprehension with an intention to conceal the stolen properties. On the contrary, it is submitted on behalf of the petitioner that his phone was taken by one of the accused to inform his wife and this led to the arrest of the petitioner. 7. I have considered the submissions at the Bar with circumspection. 8. The stolen gold has already been recovered in melted condition. Page No.# 3/3 9. It appears that further custodial detention may not be required. The petitioner is a local resident and he is not a flight risk. 10. In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not jump the bail. 11. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 12. This application stands disposed of. JUDGE Comparing Assistant