Page No.# 1/3 GAHC010198122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2891/2025 RAFIQUL ISLAM S/O MOKIBUL HUSSAIN ADDRESS- NIZ SAIDARIA (RUPOHI) P.S. RUPOHI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : J ABBASI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18 .09. 2025 Heard Mr. J. Abbasi, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. P.P. for the State respondent. This application has been preferred by the petitioner namely, Rafiqul Islam under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Page No.# 2/3 praying for release on bail, who was arrested on 25.06.2025 in connection with Palashbari P.S. Case No. 268/2024 under Sections 310(2)/ 311/ 74/ 76/ 324(4)/ 324(5) of BNS read with Sections 25(1)(a)/ 27 of the Arms Act. It is submitted on behalf of the petitioner that the present petitioner is not a named accused in the FIR and he has been arrested about one year after the incident of alleged dacoity in the house of the informant. The main accused was arrested on the date of occurrence itself but police never sought the present petitioner. The learned Addl. P.P. has submitted that the petitioner has been identified by one of the witnesses but on perusal of the C.D. it does not appear that test identification parade (TIP) had taken place. Having regard to the above as well as the fact that the accused has been detained in custody for 85 days and he has almost completed the statutory limit of detention, the prayer for bail is allowed. Accordingly, it is directed that the petitioner namely Rafiqul Islam be released on bail in connection with the aforementioned case, on furnishing a bond of Rs. Rs. 50,000/- (Rupees fifty thousand only) with two sureties each of like amount to the satisfaction of the learned Eleka Magistrate, Kamrup, Amingaon 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, threat 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 any other police officer, and Page No.# 3/3 (iii) That the petitioner shall not hamper with the investigation or tamper with the evidence of the case and shall not leave the jurisdiction of the learned Eleka Magisrate, Kamrup, Amingaon without prior permission. With the above directions, this bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant