Page No.# 1/3 GAHC010153462025 2025:GAU-AS:9369 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2302/2025 AZIZUR RAHMAN S/O NAYAN ALI R/O VILL- NO. 3 LARKUCHI, 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 MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-07-2025 Heard Mr. B. Chowdhury, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 20.06.2025 in connection with Mukalmua P.S. Case No. 153/2025 corresponding to G. R. No. 509/2025 u/s 191(2)/191(3) /190/329(3)/329(4)/118(2)/109/76 of BNS Act. 3. It is submitted by Mr. Chowdhury, the learned counsel for the petitioner that there is a land dispute between both the parties and that the informant side tried to disposes the present petitioner and his family members. There was a dispute and quarrel between the parties and for which some of the persons sustained injury including the elder brother of the present petitioner. He also annexed a photograph of his elder brother with injuries on his head. He further submitted that the present accused-petitioner is in custody since last 32 days and thus the I/O got sufficient opportunity to interrogate the present accused/petitioner and hence further custodial interrogation may not be required for the interest of investigation. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the petition of the present accused/petitioner was also earlier rejected by the learned Additional Sessions Judge, Nalbari with an observation that three victims sustained injuries due to assault from the petitioner side. One victim also sustained grievous injuries on his person. Mr. Borthakur accordingly submitted that Case Diary may be called for to know the actual fact of the case. 5. Hearing the submission made by learned counsel for the both sides, I have also perused the case record, the Forwarding Report as well as the FIR of both the cases. It is a fact that there was a land dispute between the parties and both the parties sustained some injuries out of same incident. The petitioner Page No.# 3/3 was in custody for last 32 days and thus the I/O got sufficient time for his custodial interrogation and accordingly I find that further custodial interrogation may not be necessary. In view of this, I find it a fit case to extend the privilege of bail to the present petitioner. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Nalbari. The accused/petitioner, namely, Azizur Rahman 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; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 CJM, Nalbari without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant