Page No.# 1/4 GAHC010176232025 2025:GAU-AS:11733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2608/2025 ZILLUR RAHMAN AND 2 ORS. SON OFMD. HAKMAT ALI VILL- AHMEDPUR BLOCK P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM 2: MD. ASMAT ALI S/O MD. AMJAT ALI VILL- AHMEDPUR BLOCK P.S. BIHPURIA DIST. LAKHIMPUR ASSAM 3: HASANUR ISLAM S/O MD. AMJAT ALI VILL- AHMEDPUR BLOCK P.S. BIHPURIA DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, P. GHOSH,B DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 01.09.2025 1. Heard Mr. A.M Ahmed, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with BiswanathChariali P.S Case No. 133/2025 registered under Section 309(4) of B.N.S, 2023. 3. The F.I.R dated 27.07.2025, lodged by the victims reveals that while the victims got down in the Paltan Bazar Railway Station, they hired a small car towards Tezpur with the driver and that one friend of the driver and another person got into the car and that after reaching some distance, the persons took away their mobile handsets and demanded Rs. 4 lakhs from them by instructing them to speak to their relatives who would transfer the said amount to them. However, the informants stated that no money could be transferred to the particular account which belong to one of the petitioners and that at 10:00-11:00 PM at night, the said persons threw away the victims from the said vehicle and resultantly the F.I.R was lodged. 4. Mr. A.M Ahmed, learned counsel for the petitioners submits that the story narrated in the F.I.R is concocted and that the petitioners who were on their way to a hospital had given lift to the victims and that an altercation took place for the fare of the Page No.# 3/4 vehicle which was to be paid by the victims and that resultantly the F.I.R was lodged by the victims by giving a different story. 5. Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam, however,on perusal of the Case Diary and the statements of the accused persons as well as the victims, submits that victims had hired the vehicle and the persons who got into the vehicle snatched their mobiles and demanded money from them and finally, threw them out of the vehicle in the middle of the night. Mr. P Borthakur had submitted that the petitioners were arrested on the basis of locating them by way of Tower Dump Location technology. 6. I have heard learned counsel for both sides and have carefully gone through the records. It is, although stated that the petitioners were identified by way ofTower Dump Location technology, but it is not reflected in the Case Diary that Test Identification Parade was conducted in order to identify the said accused persons by the victims. 7. In view of the same, this Court deems it fit to release the petitioners on bail on furnishing of a bail bond of Rs. 20,000/- each with 2(two) local sureties each of the like amount to the satisfaction of the Ld. Chief Judicial Magistrate, BiswanathChariali under the following conditions : (i) The petitioners shall cooperate with the investigation and shall appear before the I/O as and when called for. Page No.# 4/4 (ii) The petitioners shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioners shall not leave their place of residence without the permission of the arresting authority. 8. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant