Page No.# 1/4 GAHC010160302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2377/2025 ATOWAR ALI AND 4 ORS SON OF MOHIJUL HOQUE R/O VILL- NO. 2 KAWADI, SONAIKHOLA P.S. MANIKPUR, P.O. PABOI DIST. BONGAIGAON, ASSAM 2: IMAMUL HOQUE SON OF ISRAFIL ALI R/O VILL- NO. 2 KAWADI SONAIKHOLA P.S. MANIKPUR P.O. PABOI DIST. BONGAIGAON ASSAM 3: GHAJIBOR RAHMAN S/O BODIOT JAMAL R/O VILL- NO. 2 KAWADI SONAIKHOLA P.S. MANIKPUR P.O. PABOI DIST. BONGAIGAON ASSAM 4: KETAB ALI @ KITAB ALI S/O ROHIJUDDIN R/O VILL- NO. 2 KAWADI SONAIKHOLA P.S. MANIKPUR P.O. PABOI DIST. BONGAIGAON ASSAM 5: ABDUL KADER Page No.# 2/4 S/OLATE SAHER ALI R/O VILL- NO. 2 KAWADI SONAIKHOLA P.S. MANIKPUR P.O. PABOI DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS A DAS,MS. S. CHANDA,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.08.2025 1. Heard Mr. S.C. Biswas, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, (1) Atowar Ali, (2) Imamul Hoque, (3) Ghajibor Rahman, (4) Ketab Ali & Kitab Ali and (5) Abdul Kader, who have been detained behind the bars since 01.07.2025 (for last 37 days) in connection with Manikpur P.S. Case No. 71/2025 under Sections 61(2)/ 191(2)/ 191(3)/ 126(2)/ 127(2)/ 132/ 262 of BNS, 2023 read with Section 25(1-AB) of Arms Act. Page No.# 3/4 3. The gist of accusation in this case is that on 29.06.2025, one Eyasin Ali, had lodged an FIR before the Officer-In-Charge of Manikpur Police Station, inter alia, alleging that on receipt of a information regarding dealing of suspected heroin by some persons wherein in the cloth of shop of one Sumar Ali it is found that a black polythene was on the rack and found 2 plastic vials containing suspected heroin when the police team was there. It is also stated in the FIR that when the police team was there, the owner of the shop was instigated by the local people to restrain the police to arrest him. Thereafter, the accused persons named in the FIR including present petitioners gathered there and restrained the police officers in performing their duties and also snatched the weapon of the P.S.O. of the Officer-in-Charge of the Police Station. 4. The learned counsel for the petitioners has submitted that the petitioners have been wrongly implicated in this case. He however, has submitted that they are languishing behind the bars for last 37 days and considering the length of detention, they may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor, Assam, Mr. B. Sarma has produced the Case Diary of Manikpur P.S. Case No. 71/2025. He also submits that there are sufficient incriminating materials in the case diary against the petitioners. He however submits that the investigation has fairly progressed though some of the co-accused persons are yet to be arrested. 6. I have considered the submissions made by the learned counsel for both the parties and I have gone through the materials available on record including the case diary of Manikpur P.S. Case No. 71/2025. It Page No.# 4/4 appears that there are incriminating materials against the petitioners in the case diary, however, considering the progress of investigation and the period of detention already undergone by the petitioners, this court is of the opinion that if the above named petitioners cooperate in the investigation, their further custodial interrogation may not be necessary for fair completion of the investigation of Manikpur P.S. Case No. 71/2025. 7. In view of above discussions, the petitioners named above are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with a suitable surety each of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon with the following conditions:- (i) the petitioners shall appear before the Investigating Police Officer within 7(seven) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons 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. 8. With the above observations, this bail application is disposed of. 9. Return the case diary. JUDGE Comparing Assistant