Page No.# 1/3 GAHC010167922025 2025:GAU-AS:11063 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2439/2025 NUR AMIN SON OF NASIRUDDIN R/O VILL- NUMBERIPARA PART-III, P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 20.08.2025. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail Page No.# 2/3 to the accused/petitioner, namely, Nur Amin, who has been arrested on 24.07.2025, in connection with Manikpur P.S. Case No. 87/2025, registered under Sections 331(4)/305(c)/112 of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. S. Munir, learned counsel for the petitioner that the present accused petitioner is innocent and is not involved with the incident as alleged in the FIR. On the fateful day, on the bona fide belief, he purchased some batteries, which were recovered from his scrap shop. He further submitted that the accused petitioner has license to run the scrap shop and he used to receive used items etc. in his scrap shop. The accused petitioner is behind the bar since last 28 days and some batteries have already recovered from his scrap shop and hence, further custodial interrogation of the accused petitioner may not be required for the purpose of investigation. Mr. P. Borthakur, learned Additional Public Prosecutor, Assam submitted in this regard that 31 numbers of batteries have been recovered from the scrap shop of the present petitioner and he was also arrested in similar kind of offence in connection with the Kalgachia P.S. Case No.34/2024. Accordingly, Mr. Borthakur, the learned counsel for the State submitted that the present accused petitioner his a habitual offender and his further custodial interrogation may be necessary for the interest of investigation. Considering the entire submissions made by learned counsel for both sides and recovery of stolen items and other aspects of the case vis-à-vis the period of detention, already undergone by the accused petitioner, I find that further Page No.# 3/3 custodial interrogation may not be necessary for the interest of investigation. Accordingly, it is provided that on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, the accused/petitioner, namely, Nur Amin, be enlarged on bail, in connection with Manikpur P.S. Case No. 87/2025, 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, threat 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 Chief Judicial Magistrate, Bongaigaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant