Page No.# 1/3 GAHC010173262025 2025:GAU-AS:10597 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2590/2025 MOHIBUL HUSSAIN S/O DILBAR HUSSAIN, VILL. 10 MILE, P.S. GOBARDHANA, DIST. BAKSA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MD S HOQUE, M M BHUYAN,A S PRODHANI,MR. M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 12-08-2025 Heard Mr. S. Hoque, the learned counsel for the petitioner 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 Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars in connection with Abhayapuri P.S. Case No. 59/2025 u/s 331(4)/305(e) of Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by Mr. Hoque, the learned counsel for the petitioner that the present accused/petitioner is innocent and has not committed any such offence as alleged in the FIR. He was inside the jail premises in connection with other case wherein he also got bail. But, on 21.06.2025 he was shown arrest in the present case. Nothing has been seized from the possession of the accused/petitioner. However, from the order passed on the co-accused in Bail Application No. 2428/2025, it seems that there was recovery of the jewelry from a jeweler shop. In the present case also he is in custody since last 52 days and hence considering the length of detention also he may be released on bail. Co- accused has already been granted bail by this Court and considering the case of the present accused/petitioner in the same footing, he may be released on bail. However, he is ready and willing to cooperate in further investigation of this case, if he is provided with the privilege of pre-arrest bail. 4. Mr. Borthakur, the learned Additional Public Prosecutor raised objection and submitted that from the Forwarding Report itself it is seen that the present petitioner is a habitual offender and he was arrested in multiple cases in similar cases and considering the conduct of the petitioner his prayer may not be considered in this case. Further he submitted that the bail to the co-accused cannot be a proper ground for consideration of his bail application. 5. Considering the submission made by learned counsel for both sides, I have also perused the case record and it reveals from the Forwarding Report that the present accused/petitioner was arrested earlier in several cases of similar kind of offence. But, without going into the detail of the merit of the case, only Page No.# 3/3 considering the length of detention, I find that further custodial interrogation may not be required for the purpose of investigation. Considering these aspects of the case, petitioner is hereby allowed to go on bail. 6. Accordingly, the accused/petitioner be 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 SDJM(M), North Salmara, Abhayapuri, Bongaigaon. The accused/petitioner, namely, Mohibul Hussain, 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 SDJM(M), North Salmara, Abhayapuri, Bongaigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant