Page No.# 1/3 GAHC010184362025 2025:GAU-AS:10940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2661/2025 ASHKAR ALI SON OF SHAKET ALI, VILLAGE SALMARA, P/S. MANIKPUR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : R KHA, N. UDDIN,MS. P AHMED,MR. M I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-08-2025 Heard Mr. M. I. Hussain, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Ashkar Ali, who has been arrested in connection with Howly P.S. Case No. 79/2025 under Sections Page No.# 2/3 319(2)/340(2)/336(3)/3(5) of the BNS, 2023. 3. Case Diary is placed before the Court. Perused the same. 4. It is submitted by Mr. Hussain, learned counsel that the petitioner is innocent and has not committed any such offence, as alleged in the FIR. That apart, the other Sections except Section 319(2) is not applicable against the petitioner, which is a bailable offence. He further submitted that the petitioner is in custody for the last 49 days and considering his length of detention also he may be enlarged on bail. 5. Since the day of arrest, the petitioner is in judicial custody and no police remand was sought for with regard to his custody. 6. Mr. Sarma, learned Additional PP submitted in this regard that there was sufficient incriminating materials against the present petitioner and when he appeared on behalf of the co-accused in the examination hall, he got confused while he was asked to put his signature in the answer script and in the photograph also there was some suspicion by the Invigilator and accordingly, the matter came to his light the petitioner is appearing in the examination in the name of the co-accused by changing the photographs and thus forging the Admit Card and accordingly, Mr. Sarma, learned Addl. PP submitted that the bail prayer of the petitioner may not be considered at this stage. 7. Considering the submissions of the learned counsel for both sides and on perusing the materials in the case diary, it is seen that there are sufficient incriminating materials against the petitioner in the case diary and the investigation is still going on and the co-accused is yet to be nabbed in connection with this case. 8. In view of the above, I do not find it to be a fit case to extend the Page No.# 3/3 privilege of bail to the petitioner, namely, Ashkar Ali in said Howly P.S. Case No. 79/2025 at this stage only considering the length of detention of the petitioner. 9. Accordingly, this bail application of the petitioner stand rejected. 10. Return the case diary. JUDGE Comparing Assistant