Page No.# 1/3 GAHC010170172025 2025:GAU-AS:9976 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2471/2025 MUSTAFA AMEEN SON OF ZELHAJ ALI RESIDENT OF DAHALI, BIJOYNAGAR, P.S. PALASHBARI, DIST. KAMRUP (R), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01-08-2025 1. Heard Mr. A.Chaudhury, the learned counsel for the petitioner. Also heard Mr. D.P.Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023 has been filed by the petitioner, namely, Mustafa Ameen, who has been detained behind the bars since 06.07.2025 in connection with Baisistha PS Case No. 324/2025 registered under Section 305(e) of the Bharatiya Nyaya Sanhita, 2023,) R/w Section 7 of the Essential Commodities Act,1955. 3. The gist of acquisition in this case is that on 13.06.2025, one Bhaskar Jyoti Gogoi had lodged an FIR before the officer–in- charge of Baisistha Police Station inter-alia, alleging that on receipt of an information through reliable sources that one vehicle bearing Registration Number AS-28-C-9430 was carrying illegal urea from Barpeta en-route to Meghalaya via Jorabat and naka checking was organized and the said vehicle was intercepted and from the said vehicle 280 numbers of bags of urea was recovered and one Shahidul Khan was arrested from the said vehicle. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars since 6th of July, 2025 and the acquisition against him was that he was escorting the vehicle in which the illegal urea was found. He also submits that since the illegal urea has been seized and since one of the co-accused namely, Abdul Rahman from whose possession, the urea fertilizer was seized has already been granted bail by the court of learned JMFC, Kamrup (Metro), Guwahati by order dated 28.07.2025 in Baisistha PS Case No. 324/2025, further custodial detention of the petitioner may not be necessary. He submits that petitioner is ready to co-operate in the investigation if he is released on bail. 5. On the other hand learned Additional Public Prosecutor has produced the Case Diary and has opposed the grant of bail to the petitioner on the ground that there are incriminating materials against the petitioner in the Case Diary. He submits that the petitioner was found escorting the vehicle from which the Page No.# 3/3 illegal urea fertilizer was seized. 6. I have considered the submissions made by the learned counsel for both sides. Though there are incriminating materials against the petitioner in the case diary, however , considering the fact that the alleged illegal urea has already been seized and in the meanwhile, one of the accused from whose possession urea was recovered namely, Abdul Rahman has also been granted bail, this court is of considered opinion that if the petitioner cooperates in the investigation, his custodial interrogation may not be necessary. 7. In view of above, the above named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand Only) with one suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati subject to the following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. Send back the Case Diary. 9. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant