Page No.# 1/4 GAHC010279352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3970/2024 AYUB ALI AND 2 ORS S/O ABDUL BAREK @ ABDUL BARIK R/O HARDEMARA, P.S. CHAPAR, DIST. DHUBRI, PIN-783371 2: SMTI ALIMA BEGUM W/O ABDUL BAREK @ ABDUL BARIK R/O HARDEMARA P.S. CHAPAR DIST. DHUBRI PIN-783371 3: SMTI KHUDEJA KHATUN W/O SRI AYUB ALI R/O HARDEMARA P.S. CHAPAR DIST. DHUBRI PIN-78337 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MR S RAHMAN,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Heard Mr. A.A.R. Karim, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by three accused, namely, Ayub Ali, Alima Begum and Khudeja Khatun, who have been languishing in jail hazot in connection with Chapar P.S. Case No. 199/2024, under Section 25(1-A) of the Arms Act, 1959, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Khanjan Jyoti Choudhury of Chapar P.S. on 15.12.2024. The essence of allegation in the FIR is that accused Ayub Ali has kept a handmade revolver loaded with five numbers of live ammunition concealed in his house premises and while search was conducted in his house, the other family members of accused Ayub Ali including accused Nos. 2 and 3, obstructed the police personnel in discharging their duty at the time of search. 4. Mr. Karim, the learned counsel for the accused submits that the accused were arrested on 15.12.2024 and since then, they have been languishing in jail hazot, and that the two women, who have been arrested here in this case, have nothing to do with the arms, and the allegation against them is that there was only altercation with police personnel and they have also obstructed the police personnel in discharging the duty, and that the accused are ready to cooperate with the investigating agency, and therefore, it is contended to allow this petition. Page No.# 3/4 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the seized arms and ammunition were recovered at the instance of the two women and that the FSL report is yet to be collected, and that investigation is still going on, and therefore, Mr. Sarma has contended to dismiss this petition. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional Public Prosecutor. 7. It appears that though the investigation is still going on, yet it has progressed significantly and the seized arms and ammunition have already been sent to FSL and the report is awaited. Further, it appears that the accused persons have been languishing in jail hazot since 15.12.2024. 8. In view of the progress of investigation as well as the materials collected so far in the case diary against the two women, namely, Alima Begum and Khudeja Khatun, this Court is of the view that their custodial detention seems to be not warranted in the interest of investigation. 9. Accordingly, this Court is inclined to allow the prayer so far it relates to accused No. 2, Alima Begum and accused No. 3, Khudeja Khatun. It is provided that on furnishing a bond of Rs. 50,000/- each, with one surety of like amount, to the satisfaction of the learned SDJM(M), Bilasipara, the accused Nos. 2 and 3 be enlarged on bail. 10. However, having regards to the nature of allegation and the materials collected in the case diary, this Court is of the view that this is not a fit case where the privilege of bail can be granted to the accused No. 1, Ayub Ali, and Page No.# 4/4 accordingly, the prayer of accused No. 1, Ayub Ali stands rejected. 11. In terms of above, this bail application stands disposed of. 12. Case diary be returned. JUDGE Comparing Assistant