Page No.# 1/4 GAHC010272952024 2025:GAU-AS:347 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3925/2024 KUDDUS ALI AND 2 ORS. S/O AIJUDDIN SHEIKH VILL- MAYERCHAR PART-VI (BALIRCHAR) P.O. NAYERALGA P.S. BILASIPARA, DIST. DHUBRI, ASSAM 2: HALAL UDDIN S/O SAMSUL HOQUE MONDAL VILL- BIRSINGPPARA P.O. NAYERALGA P.S. FAKIRGANJ DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783348 3: MOZIBAR MONDAL S/O KANCHU MONDAL VIL- BOYZERALGA PART-III KAMARPARA P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. M Hussain, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (1) Kuddus Ali, son of Aijuddin Sheikh, resident of Village-Mayerchar Part-VI (Balirchar), Police Station-Bilasipara, (2) Halal Uddin, son of Samsul Hoque Mondal, resident of Village-Birsingpara, Police Station-Fakirganj, District- South Salmara, Mankachar and (3) Mozibar Mondal, son of Kanchu Mondal, resident of Village-Boyzeralga Part-III, Kamarpara, Police Station-Bilasipara, District-Dhubri have filed this application under Section 483 BNSS, 2023 seeking bail in Bilasipara Police Station Case No.287/2024 corresponding to G.R. No.536/2024 registered under Section 310(4) BNS, 2023, read with Section 25(1-A) of the Arms, Act, in which, they were arrested on 27.11.2024 and are in custody since then. 3. As per the FIR dated 27.11.2024, the case is that on the night of 26.11.2024 and 27.11.2024 during Naka Checking, the above named three petitioners were found coming in Pulsar motorcycle bearing Registration No.AS-17-N-3538. Though they were asked to stop, but they did not stop their motorcycle and tried to flee away. During such process, they were apprehended and from their possession (i) four numbers of live ammunition for pistol, (ii) one toy pistol, (iii) four numbers of toy AK-47 Rifles, (iv) five numbers of military use Trousers, (v) five numbers of military use Vests, (vi) one number of pistol Holiston, (vii) one synthetic web belt for military use, (viii) four numbers of military use Page No.# 3/4 round caps, (ix) one P. cap for military use, (x) four pieces of black cloth (Niqabs) for military use, (xi) one Pulsar Motor Cycle vide Registration No.AS-17-N-3538 and (xii) three numbers of mobile handset were recovered and accordingly, those were seized by following due procedure. Said FIR was accordingly registered as Bilasipara P.S. Case No.287/2024 and the petitioners were subsequently arrested on 27.11.2024 in said Bilasipara P.S. Case. 4. Petitioners submitted that they have been falsely implicated in the case, stating that they were having those military dresses, as they had carried it for making a video to upload in website. Considering their detention since 27.11.2024, the petitioners have prayed for their bail in said Bilasipara P.S. Case No.287/2024 and submitted that they shall abide by any terms and conditions that may be imposed upon them while considering their bail. 5. From the case diary placed before the Court today by Mr. Sarma, learned APP, it is seen that only four suspected live ammunitions, have been recovered from the possession of the petitioner No.1, which were sent to the Office of Company Command 20 IR Battalion for expert examination on 25.12.2024. 6. From the case diary, it is also seen that police have already completed the investigation of said Bilasipara P.S. Case No.287/2024. 7. Considering the materials in the case diary and the period of detention of the petitioners in custody since 27.11.2024 in said Bilasipara P.S. Case No.287/2024, the Court is of the view that their further custodial detention are not warranted for investigation of said Bilasipara P.S. Case No.287/2024. As such, this bail application of the petitioners is accepted. 8. Accordingly, the petitioners, namely, (1) Kuddus Ali, son of Aijuddin Sheikh, (2) Halal Uddin, son of Samsul Hoque Mondal, and (3) Mozibar Mondal, son of Kanchu Mondal, be released on bail in said Bilasipara P.S. Case No.287/2024 on furnishing a bail bond of Rs. 50,000/- each, with two local sureties each of the like amount, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bilasipara on conditions that Page No.# 4/4 the petitioners – (i) shall appear before the Investigating Officer of said Bilasipara P.S. Case No.287/2024 on every Monday during the office hours for the next 2 (two) English Calendar Months, commencing from 27.01.2025 or till the date of filing of the Charge-Sheet in said Bilasipara P.S. Case No.287/2024, whichever is earlier; (ii) shall not leave the territorial jurisdiction of the Bilasipara Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer and further (v) shall not indulge themselves in any such criminal activities, in future, failing which, the bail granted to them in said Bilasipara P.S. Case No.287/2024 shall stand automatically vacated. 9. Any violation of the aforesaid terms and conditions by the petitioners, named above, the bail granted to them in the aforementioned Bilasipara P.S. Case No.287/2024 shall stand automatically vacated. 10. Bail application stands allowed to the extent above. 11. Return the case diary. JUDGE Comparing Assistant