Page No.# 1/3 GAHC010214972025 2025:GAU-AS:13318 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3110/2025 ALIM UDDIN SHEIKH S/O MOSLEM UDDIN, VILL. PANBARI NEAR PANBARI MASJID, P.S. GAURIPUR, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 24.09.2025 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondents. Page No.# 2/3 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused/petitioner, namely, Alim Uddin Sheikh, praying for grant of bail in connection with Chandmari P.S. Case No. 195/2025 under Sections 311 BNS of 2023. 3. The accused is stated to have been arrested on 10.08.2025 and after being taken in police remand, was remanded to judicial custody on 13.08.2025. 4. The allegation in the FIR dated 28.07.2025 is about dacoity by a group of miscreants in the informant’s house on the intervening night of 27.07.2025 and 28.07.2025 at around 2.30 A.M; during which, the miscreants tied up his wife, daughter and himself from the backside and looted many valuable items, like ornaments and while doing so, they also threatened them with sharp weapons. It appears that the informant is a retired person and a senior citizen. 5. The learned counsel for the petitioner has drawing some attention to some medical documents submits that the accused is suffering from kidney ailment for which he has been advised surgery. He has also sought bail on the said ground as well as on the ground of length of detention. 6. The learned Addl. P.P. opposing the bail submits that the investigation has revealed the accused to be one of the main and prime accused who undertook the exercise of the dacoity along with others. 7. The case diary has placed before this Court and it reveals that considerable investigation has been done. The present accused is stated to be from Dhubri and a mason by profession. As per the investigation, the accused was staying as a tenant in the backside of the house of the informant/victim. It has been stated in the case diary on the basis of investigation that electronic goods and other valuables, which are alleged to be stolen materials were seized during the Page No.# 3/3 investigation. 8. From the investigation materials perused, I find force in the contention of the learned Prosecution that apart from implicating materials, the investigation has also pointed at an prima facie important role of the present accused in the incident, which is undoubtedly very serious in nature committed in the late hours of the night in the house of a family having at least one senior citizen. 9. Moreover, the considering the nature of alleged offences and the penal provisions involved, the possibility of further requirement of custodial examination also cannot be a ruled out in terms of the new provisions of BNSS, 2023. Therefore, at this stage it may be prudent to reject the bail in the larger interest of investigation. Accordingly, the instant bail application stands rejected at this stage. 10. However, with regard to the projected health condition, it is reiterated that the learned jail authority shall provide the petitioner adequate treatment including consultation in hospital and if required, even admission. 11. Send back the case diary. JUDGE Comparing Assistant