Page No.# 1/3 GAHC010180872025 2025:GAU-AS:10827 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2625/2025 HASMAT ALI SON OF ABDUL JALIL, R/O VILLAGE TAPATTARY PT I, P.S.ABHAYAPURI, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 14-08-2025 Heard Mr. M.I. Hussain, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 27.06.2025 in connection with Bongaigaon P.S. Case No. 162/2025 u/s 331(4)/305(a) of Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by Mr. Hussain, the learned counsel for the petitioner that the present accused/petitioner was the owner of the cattle, which were seized by the police only on suspicion. However, the petitioner is in custody since last 48 days and hence further custodial interrogation may not be required. He further submitted that the petitioner was also on police remand for one day and thereafter he was never remanded to police custody nor he was interrogated in the jail premises. Further, he submitted that considering the length of detention, he may be released on bail. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that his earlier bail application was rejected by the learned Trial Court below considering the materials in the case record and accordingly he submitted that Case Diary may be required to know the progress of the investigation as well as the actual facts of the case. 5. Hearing the submissions made by learned counsel for both sides, without going into the merit of the case, only considering the length of detention, I find that further custodial detention 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 CJM, Bongaigaon in connection with Page No.# 3/3 Bongaigaon P.S. Case No. 162/2025 u/s 331(4)/305(a) of Bharatiya Nyaya Sanhita, 2023. The accused/petitioner, namely, Hasmat Ali, 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 CJM, Bongaigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant