Page No.# 1/4 GAHC010255902024 2025:GAU-AS:916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3697/2024 JAHIDUL ISLAM AND ANR S/O ASGAR ALI R/O VILL- KHARUWAPARA P.O. RADHAKUCHI P.S. BARPETA SADAR, DIST. BARPETA, ASSAM MOBILE NO. 7663920845 2: AKASH ALI S/O JAMAL UDDIN R/O VIL- KHAPLA PITHA P.S. KOYAKUCHI DIST. BARPETA ASSAM MOBILE NO. 708616676 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Dispur P.S. Case No. 1259/2024, under Sections 305(a)/317(4) of BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Dutta, learned counsel for the petitioners, that the from the grounds of arrest, it is seen that the present petitioners were caught red handed while they were trying to break the lock of the Bolero Vehicle, which is alleged to have been stolen by some unknown miscreants. However, present petitioners are innocent and they have not committed any offence as alleged in the F.I.R. He further submitted that though the case is registered under Section 317(4) of BNS, but the said Section is not attracted against the present petitioners. More so, both the accused petitioners are behind the bar for last more than 64 days and hence, considering their length of detention, they may be enlarged on bail. However, they are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of bail. Page No.# 3/4 Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioners to attract Section 305(a) of BNS, but from the F.I.R. and the Forwarding Report, it is seen that Section 317(4) BNS may not be attracted against the present petitioners. Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention and other aspects of the case, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioners keeping them in custody and accordingly, further custodial interrogation of the accused/ petitioners seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), the accused/petitioners, namely, (i) Jahidul Islam & (ii) Akash Ali, 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 petitioners 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 to any police officer; and Page No.# 4/4 (iii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup(M), without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant