Page No.# 1/3 GAHC010279992024 2025:GAU-AS:681 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3978/2024 ABDUL KADER S/O LATE RAJ ALI VILL- PATHALIPARA P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 22.01.2025 1. Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with Boko PS Case No. 407/2024, registered under Sections 191 (2)/191(3)/190/103/118(2) of BNS. 3. The Case Diary has been received and I have perused the same. 4. Mr. Paramanik, the learned counsel for the petitioner submitted that the present petitioner is not involved in the alleged offence. However, being the neighbour when he hear the hue and cry, he came there and tried to rescue the victim. 5. Further, it is submitted that from the First Information Report itself, it is seen that the injury was inflicted by the accused No. 2. The petitioner is behind the bars for last more than 52 days and the Investigating Officer got sufficient time for his custodial interrogation. However, the petitioner is ready and willing to extend his co-operation in the further investigation of this case, if he is granted with the privilege of bail. 6. Mr. Baruah, the learned Additional Public Prosecutor submitted that from the statement of the witnesses, it reveals that the present petitioner also took part in assaulting the victim and other persons. However, the accused No. 2 took active part and inflicted the vital injury on the deceased by a sharp weapon for which he sustained grievous injury and died at the spot, which reveals from the post-mortem report also. 7. Considering the entire submissions made by the learned counsel for both the sides and without going into the detail of the merit of the case, only considering the length of detention, it is found that the Investigating Officer got sufficient opportunity to interrogate the accused, keeping him in custody and hence, his custodial detention may not be required for the interest of the Page No.# 3/3 investigation. 8. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Boko, Kamrup the accused/petitioner, namely, Abdul Kader, be enlarged on bail, subject to the following conditions: (i) that the petitioner 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; (ii) that the petitioner shall submit his Aadhaar Card and PAN Card before the learned Judicial Magistrate First Class, Boko, Kamrup; and (iii) that the petitioner shall not leave the jurisdiction of the learned Judicial Magistrate First Class, Boko, Kamrup, without prior permission. 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant