Page No.# 1/4 GAHC010153262025 2025:GAU-AS:9975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2242/2025 EUSOF ALI SON OF LATE ABDUL KHALEK R/O GHARUABAHA P.S. MUKALMUA DIST. NALBARI,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01-08-2025 1. Heard Mr. B.Chowdhury, the learned counsel for the petitioner. Also heard Mr. D.P.Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Eusof Ali, who has been detained behind the bars since 09.07.2025 in connection with Baisistha PS Case No. 324/2025 (G.R.Case No. 3004/2025 registered under Section 305(e) of the Bharatiya Nyaya Sanhita, 2023,) R/w Section 7 of the Essential Commodities Act,1955. 3. The gist of acquisition in this case is that on 13.06.2025, one Bhaskar Jyoti Gogoi had lodged an FIR before the officer–in- charge of Baisistha Police Station inter-alia, alleging that on receipt of an information through reliable sources that one vehicle bearing Registration Number AS-28-C-9430 was carrying illegal urea from Barpeta en-route to Meghalaya via Jorabat and naka checking was organized and the said vehicle was intercepted and from the said vehicle 280 numbers of bags of urea was recovered and one Shahidul Khan was arrested from the said vehicle. 4. The learned counsel for the petitioner has submitted that the petitioner was not involved in the offence, alleged in the FIR . He submits that that nothing was recovered from the possession of the present petitioner in this case. He submits that the petitioner has been arrested mainly on the basis of the statement of one of the co-accused who has implicated him of being a veteran smuggler of area fertiliser in the said area along with one of the main co-accused, Anwar Ali. He also submits that the petitioner has been arrested only on the basis of suspicion. It is also submitted by learned counsel for the petitioner that the petitioner is the holder of a wholesale licence for fertiliser. He carries on business of fertilizer from M/S Marami Beej Bhandar. It is also submitted that the petitioner has been detained behind bars for the last 23 days. Page No.# 3/4 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the petitioner. Learned Additional Public Prosecutor also submits that though the petitioner has the trade license of fertilizers however, he has violated the standard operating procedure of the Government in this regard. He also submits that one of the main accused, namely Anwar Ali is yet to be apprehended in this case and therefore, oppose the grant of bail to the present petitioner. 6. I have considered the submissions made by learned counsel for both sides. 7. It appears that though accusations have been made by the co-accused against the present petitioner of being involved in the offense of illegally transporting Urea, however, in case of the Urea, which has been seized in this case, the materials are there indicating to the complicity of other co-accused, namely Anwar Ali and no specific material is there in the case at this stage to link the present petitioner with the Urea seized in pursuant to the allegation made in the instant case. 8. In view of the aforesaid facts, this court is of considered opinion that if the petitioner co-operates in the investigation, his custodial detention may not be necessary for fair completion of investigation of Baisistha PS Case No. 324/2025. 9. In view of above, the petitioner named above is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand Only) with one suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati subject to the following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 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. 10. Send back the Case Diary. 11. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant