Page No.# 1/5 GAHC010184602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2780/2025 ASANALI ALIAS ASHAN ALI AND ANR S/O LT. A BDUL HAMED VILL- KARBALA P.S. GOALPAA DIST. GOALPARA, ASSAM 2: ROFIQUL ISLAM S/O KHADEM ALI VILL- NO. 2 BALADMARI CHAR P.S. GOALPARA DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR. M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.09.2025 1. Heard Mr. M. Hoque, the learned counsel for the petitioners. Also Page No.# 2/5 heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of BNSS, 2023 by the petitioners, namely, (1) Asanali Alias Ashan Ali and (2) Rofiqul Islam, who have been detained behind the bars since 01.02.2025 (for last 174 days) in connection with Sessions Case No. 127/2024 arising out of Agia P. S. Case No. 64/2024 under Sections 126(2)/310(3) BNS, 2023 read with Sections 25(1-A)/27 Arms Act presently pending before the Court of the learned Additional Sessions Judge, Goalpara. 3. The gist of accusation in this case is that on 15.07.2024, one Sri Nayan Goyal had lodged an FIR before the Agia Police Station, inter alia, alleging that when the informant and his father were travelling from Rajapara to their house, in a four-wheeler vehicle vide Regd. No. AS-01-FB-2205, they were intercepted by some four to five persons in front of Sholamari Kali Temple and one of the assailants shot gun fire at the father of the informant and looted a cash amount of Rs. 90,000/- from them. Later on, the father of the informant was declared dead in the hospital. 4. Mr. M Hoque, learned counsel for the petitioners has submitted that the petitioners are languishing behind bars for 425 days and in the meanwhile four co-accused persons have already been released on bail 5. He further submits that the petitioners are also seeking bail on the ground that at the time of their arrest, notice under Section 47 of the BNS, 2023 which was served on them does not contain any ground of arrest therein, neither it mentions about the basic facts which necessitated in the arrest of the Page No.# 3/5 petitioners in connection with the aforesaid case. 6. On the other hand, the learned Additional Public Prosecutor has submitted that there are materials against the petitioners in the case record, which incriminates him. 7. He also submits that relevant part of the notice is not there in the scanned copy of the case record, which requisitioned by this Court. He however, submits that in the copy of the notice which was annexed along with bail application shows that it does not mentions ground of arrest neither it mentions the basic fact which necessitated the arrest of the petitioner in connection with the aforesaid case. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record. 9. In addition to the fact that the petitioners have been languishing behind the bars for the last 425 days, it also appears that the ground of arrest are not stated in the notice under Section 47 of the BNS, 2023 which was served on them at the time of his arrest which is mandate of Article 22 (1) of the Constitution of India. 10. The Apex Court in the case of “Vihan Kumar Vs. State of Haryana”, reported in (2025) 5 SCC Online SC 269, has observed that the violation of the said fundamental rights guaranteed to the petitioner under Article 22(1) of the Constitution of India would vitiate the arrest of the petitioners and on that ground they are they are entitled to get bail. 11. For the aforesaid reasons, the above named petitioners are allowed to Page No.# 4/5 go on bail of Rs.50,000/- (Rupees Fifty Thousand) only each with one surety of like amount, subject to the satisfaction of the learned Additional Sessions Judge, Goalpara with following conditions:- i. That the petitioners shall cooperate in the trial of Sessions Case No. 127/2024, which is pending in the Court of the learned Additional Sessions Judge, Goalpara; ii. That the petitioners shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioners shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioners; iv. That the petitioners shall provide their contact details including photocopies of their Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court. v. That the petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit their leave address and contact details during such leave before the Trial Court. vi. That the petitioners shall not commit any offence while on bail. 12. With the above observations, this bail application is disposed of. Page No.# 5/5 13. Send back the case diary. JUDGE Comparing Assistant