Page No.# 1/3 GAHC010155372025 2025:GAU-AS:9949 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2287/2025 SIRAJUL HOQUE @ SHIRAJUL HOQUE AND ANR S/O- MAMUD ALI, R/O-VILL-LATIBARI PT-I,P.S-ABHAYAPURI,DIST- BONGAIGAON,ASSAM 2: NADIMUL HASAN S/O- MAMUD ALI R/O-VILL-LATIBARI PT-I P.S-ABHAYAPURI DIST-BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA,MR. S M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 01-08-2025 Page No.# 2/3 Heard Mr. M.I. Hussain, the learned counsel for the petitioners and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 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 27.06.2025 in connection with Bongaigaon P.S. Case No. 162/2025 u/s 331(4)/305(a) of BNS, 2023. 3. Case Diary not received as intimated by the learned Additional Public Prosecutor. 4. Mr. Hussain, the learned counsel for the petitioner submitted that these two accused-petitioners are innocent and not connected with the alleged offence. They were arrested in connection with this case as the vehicle from where the stolen cattle were recovered belongs to these two petitioners. They are the registered owner of the said vehicle which was hired by the other co-accused particularly on the day of the incident to carry those cattle which was not within the knowledge of the petitioners as to whether the cattle were stolen and those were carried in the vehicle as it was hired by the co-accused. However, the present accused/petitioners are in custody for last 35 days and considering their length of detention, they may be enlarged on bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted that as Case Diary is not available, he is not in a position to say much about the involvement of the present petitioners. However, he submitted that the petitioners are in custody for last 35 days. 6. Considering the submissions made by learned counsel for both sides without going into the merit of the case and considering the length of detention Page No.# 3/3 already undergone by the accused/petitioners, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail. 7. Accordingly, the accused/petitioners are released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Bongaigaon. The accused/petitioners, namely [1] Sirajul Hoque @ Shirajul Hoque and [2] Nadimul Hasan be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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 petitioners shall not leave the jurisdiction of the learned CJM, Bongaigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant