Page No.# 1/3 GAHC010235462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3470/2025 NUR HUSSAIN ALIAS BABUL SONARI AND ANR S/O FAJLUR RAHMAN R/O NO. 3 BORGHULI, PS ULUANI , DIST. NAGAON ,ASSAM 2: MD TAFAJUL HOQUE S/O LT SAMSUL HOQUE R/O NO 2 BORGHUL PS ULUANI DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.11.2025 Heard Mr. S.M. Abdullah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, Nur Hussain @ Babul Sonari and Md. Tafajul Hoque, who were shown arrested in connection with Dhekiajuli P.S. Case No.238/2025 under Sections 305/331(4)/3(5) of BNS, 2023. 3. The allegation against the petitioner no.1, who is a jeweller is that he purchased stolen property from the other co-accused. It is contended on behalf of the petitioner no.1 that the petitioner no.1 did so unknowingly and had no knowledge about the theft. 4. Learned Additional Public Prosecutor submits that there is sufficient material against the petitioner no.1 pertaining to purchase of stolen property. With regard to the petitioner no.2, Tafajul Hoque, it is submitted that he was directly involved in theft and there is sufficient material against him. 5. However, it appears that the petitioner no.1 has already spent 58 days in custody and the investigation of the case has also progressed, the petitioner no.1 may be released on bail. Accordingly, the prayer for bail in respect of the petitioner no.1 is allowed. The prayer for bail in respect of the petitioner no.2 is rejected at this stage considering his direct involvement in the commission of theft. 6. Accordingly, the petitioner no.1 Nur Hussain @ Babul Sonari shall be released on bail on furnishing a bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Elaka Magistrate in connection with the aforementioned case. 7. The direction for bail is further subject to the conditions that the accused petitioner no.1 – Page No.# 3/3 (1) shall cooperate in the investigation; and (2) shall not try to hamper with the evidence of the case or influence the witnesses. 8. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant