Page No.# 1/3 GAHC010261962024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3751/2024 HIRAK JYOTI BHARALI S/O- MAN PRASAD BHARALI, R/O- VILLAGE- NILOKH BALIJAN, P.S- SILAPATHAR, DIST- DHEMAJI, ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. DITUL DAS, MS TINLUNG Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 1. Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, whereby the petitioner Hirak Jyoti Bharali, aged about 28 years prays for releasing him on bail after he was arrested in connection with Biswanath Chariali Station Case No.197/2024. 3. One FIR was lodged before Police stating that 2 numbers of Radio Remote Units were stolen from a Mobile tower, thereafter on 12.11.2024, Police stopped a Taxi bearing Registration No.AS01-RC-7242 from where the 2 numbers of Radio Remote Units have been recovered. 4. The learned counsel for the petitioner has submitted that the present petitioner is driver of a Taxi and on that day he carried one passenger and he did not know that from where the said passenger had stolen the properties. 5. It may be stated that the said passenger had ran away after Police stopped the said vehicle. 6. Per contra, Mr. Kaushik, learned Additional Public Prosecutor submits that the Case Diary has sufficient incriminating materials against the present petitioner. 7. I have considered the submissions made by learned counsel for both the sides. 8. The petitioner has already completed 56 days in judicial custody. 9. This Court is of the opinion that under the given circumstances of the case, keeping the present petitioner behind the bars would not serve any purpose. Page No.# 3/3 10. Therefore, this bail application is allowed. 11. The petitioner Hirak Jyoti Bharali who was of arrested in connection with Biswanath Chariali Station Case No.197/2024, shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath Chariali. 12. Case Diary shall be returned. 13. The bail application stands disposed of. JUDGE Comparing Assistant