Page No.# 1/3 GAHC010137592025 2025:GAU-AS:9224 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2053/2025 YOUSAF KHAN SON OF LATE AMU KHAN, R/O HOUSE NO 33, FA ROAD, MACHKHOWA, VTC, BHARALUMUKH, KAMRUP (M), ASSAM, PIN-781009. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,MRS S A CHOUDHURY,MS A AFREEN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.07.2025 1. Heard Mr. I. Rafique, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Yousaf Khan, who has been detained behind the bars since 10.05.2025 (for the last 68 days) in connection with Latasil P.S. Case No. 49/2025 under Sections 61(2)(a)/336(3)/340(2) of the BNS, 2023 read with Section 3(3) of the Passport (entry into India) Act, 1920 and Section 13(1)/14(c) of the Foreigner Act 1946 and Section 12(a) of the Assam Money Lender (Amendment) Act 2022. 3. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars since 10.05.2025, i.e. for the last 68 days. However, the maximum statutory period of detention for which the petitioner can be detained in relation to the offences involved in this case is only 60 days and therefore, he may be allowed to go on bail. 4. On the other hand, the learned Additional Public Prosecutor has submitted that he has been telephonically informed by the Investigating Officer that charge-sheet has not yet been laid. 5. In view of the submissions made by the learned counsel for both sides and in view of the fact that the petitioner has been detained for the last 68 days, which is beyond the maximum period of detention under Section 487 of the BNSS, 2023 he is entitled to get bail in this case. 6. Accordingly, the petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as Page No.# 3/3 and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 7. Send back the Case Diary. 8. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant