Page No.# 1/3 GAHC010209602025 2025:GAU-AS:13265 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3025/2025 SAHJAHAN ALI AND ANR SON OF ALI HUSSIAN, RESIDENT OF VILLAGE TAMULDI, PS BOKO, DISTRICT KAMRUP (R), ASSAM 2: HAFIZUR ROHMAN SON OF LALCHAN ALI RESIDENT OF VILLAGE PURANGAON PS BOKO DISTRICT KARMUP (R) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M ISLAM, MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25-09-2025 Page No.# 2/3 Heard Mr. M. Islam, 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 as the petitioners are behind bars since 30.06.2025 in connection with Barpeta Police Station Case No. 230/2025 u/s 112(2)/126(2)/127(2)/140(3)/309(4)/310(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Islam, the learned counsel for the petitioners that the present two accused/petitioners are innocent and they are not involved in the alleged offence. However, they are in custody since last 88 days and hence further custodial detention may not be required for the interest of investigation. However, the accused/petitioners are also ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 5. Mr. K. Baishya, the learned Additional Public Prosecutor submitted in this regard that this is an organized gang wherein both the petitioners are also involved and sufficient incriminating materials are available against the petitioners. But, it is a fact that the investigation is still under process and I/O could not submit the charge-sheet and the probability of filing the charge-sheet is also not possible. 6. Hearing the submissions made by learned counsel for both sides and without going into the merit of the case, only considering the length of detention, I find that further custodial detention may not be required in this Page No.# 3/3 case for the purpose of investigation. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail. 7. Accordingly, the accused/petitioners are 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, Barpeta. The accused/petitioners, namely, [1] Sahjahan Ali and [2] Hafizur Rohman 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 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/them 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, Barpeta without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant