Page No.# 1/5 GAHC010138932025 2025:GAU-AS:10472 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2091/2025 BIMAL RABHA AND ANR S/O- HASEN RABHA. VILLAGE - DANGKHONG, P.S.- MENDIPATHAR, DISTRICT - NORTH GARO HILLS, MEGHALAYA 2: RUSTOM RABHA S/O- RATNESWAR RABHA. VILLAGE - DANGKHONG P.S.- MENDIPATHAR DISTRICT - NORTH GARO HILLS MEGHALAY VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.08.2025 1. Heard Mr. N. Uddin, the learned counsel for the petitioners. Also Page No.# 2/5 heard Mr. B. Sarma, the learned Additional Public Prosecutor, appearing for the State of Assam. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, 1. Bimal Rabha and 2. Rustom Rabha, who has been detained behind the bars since 29.07.2024 in connection with Sessions Case No. 127/2024, arising out of Agia P.S Case No. 64/2024 under Sections 126(2)/310(3)/103/115(2) BNS, 2023 read with Sections 25(1- A)/27 Arms Act read with Section 61(2) of BNS presently pending before the Court of the learned Additional Sessions Judge, Goalpara. 3. The gist of accusation in this case is that on 15.07.2024, one Sri Nayan Goyal had lodged an FIR before the Agia Police Station, inter alia, alleging that when the informant and his father were travelling from Rajapara to their house, in a four-wheeler vehicle vide Regd. No. AS-01- FB-2205, they were intercepted by some four to five persons in front of Sholamari Kali Temple and one of the assailants shot gun fire at the father of the informant and looted a cash amount of Rs. 90,000/- from them. Later on, the father of the informant was declared dead in the hospital. 4. The learned counsel for the petitioners has submitted that the petitioners has been languishing behind bars for the last 374 days. He also submits that in the meanwhile, two of the co-accused, namely, Abhijit Basumatary and Jahidul Islam have already been released on bail. Page No.# 3/5 5. He further submits that the petitioners are seeking bail mainly on the ground that at the time of their arrest, the notice which was served on the petitioners under Section 47 of the BNSS, 2023 does not contain any ground of arrest therein. 6. In support of his submissions, the learned counsel for the petitioners has furnished a copy of the notice issued to him under Section 47 of the BNSS, 2023. 7. On the other hand, learned Additional Public Prosecutor has fairly submitted that the notice under Section 47 of the BNSS, 2023 which was served on the petitioners does not contain the basic facts which necessitated the arrest of the petitioners. Neither it contains any grounds of arrest as required by this Court. 8. Though the petitioners has been languishing behind bars for the last 374 days, however, it appears that they were not communicated the grounds of arrest, in writing, at the time of his arrest, which is a mandatory constitutional requirement under Article 22(1) of the Constitution of India. Violation of the said Fundamental Rights would vitiate the arrest of the petitioners and on that ground itself, they are entitled to get bail. 9. For the aforesaid reasons, the above-named petitioners are allowed to go on bail of Rs. 50,000/- each with a suitable surety of like amount, subject to the satisfaction of the learned Additional Sessions Judge, Goalpara with following conditions: (i) That the petitioners shall cooperate in the trial Page No.# 4/5 of Sessions Case No. 127/2024, which is pending in the Court of the learned Additional Sessions Judge, Goalpara; (ii) That the petitioners shall appear before the Trial Court as and when so required by the Trial Court; (iii) 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 before the Trial Court in the trial pending against the present petitioners; (iv) That the petitioners shall provide their contact details including photocopies of their Aadhaar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; (v) That the petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioners shall submit their leave address and contact details during such leave before the Trial Court; and (vi) That the petitioners shall not commit any offence while on bail. 10. With the above observations, this bail application is accordingly disposed of. Page No.# 5/5 JUDGE Comparing Assistant