Page No.# 1/4 GAHC010141962025 2025:GAU-AS:10976 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2124/2025 MOHIBUL ISLAM AND ORS S/O RAHAM ALI RESIDNET OF SUHABIL SALANI PALHAJI PS BARPETA DIST BARPETA ASSAM 2: SUKUR ALI S/O AKRAM ALI RESIDENT OF VILLAGE TARKHUTI PS DIMAKUCHI DIST UDALGURI BTR ASSAM 3: TAHER ALI S/O SALIM ALI RESIDENT OF VILLAGE TARKHUTI PS DIMAKUCHI DIST UDALGURI BTR ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : R L CHUTIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 19-08-2025 Heard Mr. I. Choudhury, learned counsel for the petitioners and Mr. P.S. Lahkar, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioners, who were arrested in connection with Sessions Case (Type-II) No. 18/2025 corresponding to Paneri P.S. Case No. 5/2025 under Sections 305(e)/317(4)/3(5) of the BNS, 2023, pending in the Court of learned Sessions Judge, Udalguri. 3. Scanned copy of the record has already been received. Perused the same. 4. It is submitted by Mr. Choudhury, learned counsel that the petitioners are in custody since the month of February, 2025. The case has already been charge sheeted and 3 (three) witnesses have also been examined by the prosecution. He further submitted that all the petitioners are permanent resident of the locality and hence, there is no question of absconding of the petitioners. Rather, they will appear before the learned Trial Court on each and every date the case is fixed and will contest the case accordingly. 5. Mr. Choudhury, learned counsel submitted that there is allegation of recovery of some of the items from the petitioner, namely, Sukur and Taher, but there is no recovery from the other accused namely, Mohibul Islam. That apart, Page No.# 3/4 Section 305(e) also do not attract against the present petitioners. 6. In this regard, Mr. Lahkar, learned Addl. PP submitted that there are sufficient incriminating materials against the petitioner and 3 (three) witnesses have already been examined and thus, the trial of the case is going on in good pace and hence, he raised objection and submitted that bail prayer of the petitioners may not be considered at this stage. More so, the petitioners are habitual offenders and the possibility of absconding also cannot be denied at this stage. He also submitted that at the time of arrest of the petitioners provisions of Section 47 and 48 of the BNSS have also been complied. 7. Considered the submissions of the learned counsel for the parties and I have also perused the scanned copy of the TCR and considering all the aspects of the case including the examination of 3 (three) witness, I find that further custodial detention of the petitioners are not required for the purpose of trial of the case. 8. Accordingly, the accused/petitioners, namely, (i) Mohibul Islam; (ii) Sukur Ali and (iii) Taher Ali, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) each, only with one surety of like amount to the satisfaction of the learned Session Judge, Udalguri, subject to the following conditions:- (i) that the petitioners 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/her from disclosing such facts to the Court or to any police officer; and (ii) that the petitioners shall not leave the jurisdiction of the learned Session Judge, Udalguri, without prior permission. Page No.# 4/4 9. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant