Page No.# 1/4 GAHC010159512025 2025:GAU-AS:9950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2367/2025 AMSER ALI AND ANR S/O- LATE IMAN ALI. R/O- PUB-ALADI, P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM. 2: BABUL ALI R/O- PUB-ALADI P.S.- SARTHEBARI DIST.- BARPETA ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 01-08-2025 Heard Mr. A. Paramanik, the learned counsel for the petitioners and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on Page No.# 2/4 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 24.05.2025 in connection with Sarthebari P.S. Case No. 65/2025 u/s 331(4)/305/317(2) of BNS, 2023. 3. Case Diary received. Perused the same. 4. Mr. Hussain, the learned counsel for the petitioner submitted that the present accused/petitioners are innocent and not connected with the alleged offence. The petitioner no. 1 is the father and the petitioner no. 2 is the brother of the prime accused Jahangir Ali and for that reason only they were apprehended and since last 69 days they are behind the bars. Thus, the police got sufficient opportunity to interrogate them in custody and hence further custodial interrogation may not be required for further investigation. He further submitted that the petitioners are behind the bars for last 69 days and except Section 331(4) of BNSS which is house trespass and other sections are of 60 days. However, Section 331(4) does not attract the present petitioners as they have not committed any house trespass. Considering their length of detention, they may be enlarged on bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present accused/petitioners and from the materials available in the Case Diary, it is seen that both the petitioners have utilized the money which were stolen by one co- accused Jahangir Ali. Further, he submitted that these two accused/petitioners are fully involved in the alleged offence and hence their further custodial detention may be required also to nab some other culprits of the case and for Page No.# 3/4 the purpose of investigation. Mr. Sharma accordingly raised objection and submitted that it is not at all a fit case to allow the accused/petitioners on bail at this stage only considering the length of detention. 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary, it is seen that those petitioners also utilized the stolen money and they purchased nos. of vehicles and land in various places. However, considering the materials in the case diary, I find that the petitioner no. 1, father of the prime accused may be released on bail considering the length of detention. But, the accused/petitioner no. 2 is also found to be involved in house trespass and accordingly I don’t find it justified to grant bail to the petitioner no. 2 at this stage and accordingly prayer for bail for petitioner no. 2, namely, Babul Ali is hereby rejected at this stage. 7. Accordingly, the accused/petitioner no. 1 is 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, Barpeta. The accused/petitioner no. 1, namely, Amser Ali 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, Barpeta without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant