Page No.# 1/4 GAHC010212312025 2025:GAU-AS:13287 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3118/2025 MAIDUL HUSSAIN AND ANR S/O LT. MAKBUL HUSSAIN RESIDENT OF GHOGAAA, NEAR GHOGA CHOWK, PO MUKALMUA, PS MUKALMUA,DISTRICT NALBARI, ASSAM, PIN- 781126 2: IMDADUL HOQUE S/O ERUS ALI R/O BELTOLA MUKALMUA P.O. BELTOLA P.S. MUKALMUA DIST. NALBARI ASSAM PIN-78112 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, J ISLAM,MR. A W MONDAL,MR K ISLAM,MD. I H KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2025 Heard Mr. M.U. Mondal, learned counsel appearing for the petitioners. Also heard Mr. R. Kaushik, learned Addl. Public Prosecutor appearing for the State. By this application, the petitioners have prayed for bail in connection with Dispur P.S. Case No. 701/2025 registered under Section 305(a)/317(2) of BNS, 2023. The FIR dated 19.08.2025 reveals that the petitioners has committed theft in the house of the victim by stealing Rs. 22,000/- (Rupees twenty two thousand) and that the petitioners were caught red handed and also that the entire incident was captured in the CCTV footage that was installed in the house of the victim. It is also alleged that prior to the instant occurrence, the petitioners on earlier occasions too had entered into the room of the victim for stealing and the same was captured in the CCTV footage. Mr. M.U. Mondal, learned counsel for the petitioners submits that the fact narrated in the ejahar is an incorrect one and that the petitioners owed money from the victim and that on the day of occurrence, the petitioners had come to get their money from the victim and that part of the money was given by the victim to the petitioners on the night of occurrence. Page No.# 3/4 Mr. R. Kaushik, learned Addl. Public Prosecutor however on perusal of the case diary submits that the petitioners were caught red handed on trying to steal the cash from the house of the victim and that the entire incident was recorded in the CCTV footage. I have heard the counsels and have gone through the records as well as the case diary. It is noticed that the petitioners had entered the room of the victim for theft on two (2) occasions i.e., on 01.08.2025 as well as on 19.08.2025 and that the names of the petitioners were reported to the victim as it is reflected in the said FIR. In view of the submissions made and in view of the statements present in the case diary, this Court finds it fit that the petitioners may be released on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees twenty thousand) each with one (1) local surety each of the like amount to the satisfaction of CJM, Kamrup (M) under the following conditions:- 1) They shall cooperate with the investigation and shall appear before the CJM, Kamrup (M) as and when called for. 2) They shall not tamper with the evidence or influence any of the witnesses. 3) They shall not leave the jurisdiction of the CJM, Kamrup (M) Page No.# 4/4 without prior permission of the said Court. The petition is disposed of JUDGE Comparing Assistant