Page No.# 1/4 GAHC010142532025 2025:GAU-AS:9890 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2158/2025 JAHIDUL ISLAM SON OF NAZMUL HOQUE VILL- 4 NO. BALADMARI CHAR P.S. MORNOI DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 31.07.2025 1. Heard Mr. Z. Hussain, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Jahidul Islam, who has been detained behind the bars since 18.07.2024 (for last 378 days) 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 petitioner has submitted that the petitioner has been languishing behind bars for the last 378 days and in the meanwhile, one of the co-accused, namely, Abhijit Basumatary has already been released on bail. 5. He further submits that the petitioner is seeking bail mainly on the ground that at the time of his arrest, the notice which was served on the petitioner 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 Page No.# 3/4 petitioner has furnished a copy of the notice issued to him under Section 47 of the BNSS, 2023. 7. The learned Additional Public Prosecutor, on the other hand, has submitted that on perusal of the scanned copy of the records, he could not find any notice under Section 47 of the BNSS, 2023 issued to the petitioner there in the said record. However, on perusal of the copy of notice produced by the learned counsel for the petitioner, he fairly submits that the said notice does not contain any grounds of arrest apart from mentioning the police station case number and panel provisions involved in this case. 8. Though the petitioner has been languishing behind bars for the last 378 days, however, it appears that he was 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 petitioner and on that ground itself, he is entitled to get bail. 9. For the aforesaid reasons, the above-named petitioner is allowed to go on bail of Rs. 50,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Additional Sessions Judge, Goalpara with following conditions: (i) That the petitioner shall cooperate in the trial of Sessions Case No. 127/2024, which is pending in the Court of the learned Additional Sessions Judge, Goalpara; Page No.# 4/4 (ii) That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; (iii) That the petitioner 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 petitioner; (iv) That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; (v) That the petitioner 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 petitioner shall submit his leave address and contact details during such leave before the Trial Court; and (vi) That the petitioner shall not commit any offence while on bail. 10. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant