Page No.# 1/4 GAHC010195852025 2025:GAU-AS:12746 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./2624/2025 ABICHAN ALI AND 4 ORS S/O SATTAR ALI R/O NA PARA PAM P.S. SIALMARI DIST. NALBARI ASSAM. 2: AJIBAR ALI @ RAHMAN S/O LATE HAJRAT ALI R/O NA PARA PAM P.S. SIALMARI DIST. NALBARI ASSAM. 3: ALI AKBAR S/O LATE JAMAL ALI R/O NA PARA PAM P.S. SIALMARI DIST. NALBARI ASSAM. 4: JOYNAL ALI S/O LATE JAMAL ALI R/O NA PARA PAM P.S. SIALMARI DIST. NALBARI Page No.# 2/4 ASSAM. 5: JAY BAHAR ALI S/O HASMAT ALI R/O NA PARA PAM P.S. SIALMARI DIST. NALBARI ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 17-09-2025 Heard Mr. HRA Choudhury, the learned Senior Advocate assisted by Mr. I.U. Choudhury, the learned counsel for the petitioners and also heard Mr. K. Baishya, 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 Sanhita, 2023, with prayer for bail in connection with Sialmari P.S. Case No. 15/2025 u/s 103/191(3)/191(2)/190/118(1)/118(2) of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned Senior Advocate for the Page No.# 3/4 petitioners that the present accused/petitioners are no way involved in the alleged offence though their names have been reflected in the FIR. From the plain reading of the FIR also it reveals that the allegation brought against the accused no. 1 Sukkur Ali who committed the offence and the other persons allegedly tied as he committed suicide. He further submitted that the said Sukkur Ali also lodged an FIR initially when the informant side came to his house armed with weapons and injured the family members of the said Sukkur. However, he submitted that the petitioner no. 1 is in custody since last 92 days, the accused/petitioner no. 2 is in custody since 77 days and the accused/petitioner no. 3, 4 & 5 are already in custody for 79 days and hence considering their length of detention, the accused persons may be released on bail. Being the permanent residents of their addressed locality, they will extend their cooperation in further investigation of the case, if they are provided with the privilege of bail. 5. Mr. K. Baishya, the learned Additional Public Prosecutor submitted in this regard that it is a fact that the petitioner no. 1 is in custody since 92 days but till date the I/O could not submit the charge-sheet. However, he submitted that there are sufficient incriminating materials against all the petitioners, who are involved in the alleged offence, but the case is still under investigation and charge-sheet is not yet filed in the case. 6. Considering the submissions made learned counsel for both sides and considering the materials available in the Case Diary, I find that further custodial interrogation may not be required for the purpose of investigation and in view of this and also considering the length of detention already undergone by all the accused/petitioners, this Court is of the opinion that further custodial interrogation may not be required for the purpose of investigation. Moreover, Page No.# 4/4 the petitioner no. 1 is awarded default bail as the I/O could not furnish the charge-sheet within the stipulated period. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail. 7. Accordingly, the accused/petitioners is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Nalbari. The accused/petitioners, namely [1] Abichan Ali [2] Ajibar Ali @ Rahman [3] Ali Akbar [4] Joynal Ali and [5] Jay Bahar Ali be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned CJM, Nalbari without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant