Page No.# 1/4 GAHC010140692025 2025:GAU-AS:9428 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2098/2025 NUR JAMAL ALI S/O- HAFIJ UDDIN, R/O- VILL- RESERVE GAON, ISLAMPUR, LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : TAWHID LASKAR, ASHRAFUL BORBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 23.07.2025 Heard Mr. T. Laskar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Gossaigaon P.S. Case No. 78/2025, under Sections 316(2)/318(4)/303(2)/3(5) of the BNS, 2023. Case Diary has been received and I have perused the same. It is submitted by Mr. T. Laskar, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is no way connected in the alleged offence. He was merely present at the place of occurrence and he even offered the informant to assist him in finding out the persons who fled away from the place of incident. However, subsequently, based on some false and concocted allegations, he was apprehended by the informant and handed over to police alleging that a golden boat was recovered from his possession. The accused/petitioner is behind the bar for last 42 days and thus, the I.O. got sufficient opportunity to interrogate him keeping him in custody and hence, further custodial interrogation of the present petitioner may not be necessary for the interest of investigation. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that the present accused/petitioner is the person from whom the golden boat was recovered and he was apprehended by the public when he tried to fled away from the place of incident. He was caught red handed along with another person, namely, Firdus Ali, from whose house an amount of Rs. 3,00,000/- was recovered. Mr. Borthakur further submitted that from the materials available in Page No.# 3/4 the Case Diary, it also reveals that the present petitioner was earlier involved in similar kind of offence and hence, considering this aspect of the case, the present petitioner may not be released on bail at this stage. After hearing the submissions made by the learned counsel for both sides, I have also perused the Case Diary and as per the materials available in the Case Diary, it is seen that the golden boat was recovered from the possession of the present accused/ petitioner. That apart, there are some other incriminating materials against the present petitioner in the Case Diary. However, without going by the detail of the merit of the case at this stage and only considering the length of detention already undergone by the accused/petitioner, I am of the view that the I.O. got sufficient opportunity to interrogate the present accused/ petitioner keeping him in custody and hence, I find that further custodial detention of the present accused/petitioner may not be necessary for the interest of investigation and therefore, I am inclined to extend the privilege of bail to the accused/ petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned SDJM(M), Gossaigaon, the accused/petitioner, namely, Nur Jamal Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; Page No.# 4/4 (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned SDJM(M), Gossaigaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant