Page No.# 1/4 GAHC010272882024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3895/2024 OSMAN GONI S/O- JOYNAL ABEDIN, VILLAGE- GUTIPARA PART IV, P.O- GUTIPARA, P.S- BILASIPARA, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : RAFIUL ALOM AHMED, MR. N J DUTTA,MR M AHMED,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.01.2025 1. Heard Mr. R. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Osman Goni, who has been detained behind the bars Page No.# 2/4 since 17.11.2024 (for last 54 days) in connection with Bharalumukh P.S. Case No. 188/2024 under Sections 61(2)/140(3)/140(4)/142/249(C) of the BNS, 2023. 3. The gist of accusation in this case is that on 17.10.2024, one Miss Asiya Khatun had lodged an FIR before the Officer-in-charge of Bharalumukh Police Station, inter alia, alleging that the accused persons named in the FIR, namely, Md. Abdullah Ali and Md. Rofiqul Islam had kidnapped the daughter of the first informant and sold her somewhere else. Initially, the FIR was registered under Section 61(2)/140(3) of the BNS, 2023. However, during the course of investigation, the dead body of the victim girl was recovered and later on further sections were added to this case. 4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and is not involved in the offence alleged in the FIR, his only implication in this case is that he is stated to have offered shelter to the main accused persons after commission of the crime. 5. The learned counsel for the petitioner has submitted that considering the fact that the petitioner is not involved in the main offence alleged in the FIR as well as considering the fact that he is detained behind the bars for last 54 days and he is ready to cooperate in the investigation, he may be allowed to go on bail. 6. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner on the ground that he is the person along with one another co-accused who offered the shelter to the main accused person, namely, Md. Abdullah Ali, Md. Rofiqul Islam and Habijul Islam after Page No.# 3/4 commission of the crime, and he also advised them to remain absconding from police or evading arrest. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the materials on record including the case diary of Bharalumukh P.S. Case No. 188/2024. 8. On perusal of the case diary, it appears that though one of the main accused of the offence alleged in the FIR, namely, Habijul Islam has surrendered before the Investigating Officer and two other named accused are yet to be apprehended. However, at this stage the only incriminating material against the present petitioner is that he offered shelter to the main accused after commission of the offence alleged in the FIR 9. Considering the materials in the case diary at this stage of the investigation as well as considering the period of detention already undergone by the present petitioner (54 days), his further custodial detention does not appear to be necessary for fair complication of the investigation of Bharalumukh P.S. Case No. 188/2024 if he cooperates in the investigation. 10. In view of the above, the above named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons Page No.# 4/4 who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court, (iii) That the petitioner shall appear before the Investigating Officer of Bharalumukh P.S. Case No. 188/2024 once in every week for next four week or till the investigation is completed, whichever is earlier and shall cooperate in the investigation. 11. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant