Page No.# 1/3 GAHC010239362025 2025:GAU-AS:15146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3506/2025 SRI DIBAKAR DAS SON OF LATE HAREN DAS, RESIDENT OF VILLAGE- PANPUR, P.O.- PANPUR, P.S.-JAMUGURI, DISTRICT- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM. Advocate for the Petitioner : MR. N I KHAN, MRS. M TALUKDAR,MR. S Z RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.11.2025 Heard Mr. N. I. Khan, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with PRC P.S. Case No. 129/2025, Page No.# 2/3 registered under Sections 3(5)/303(2)/305(b)/305(c)/306/317(2)/3/17(4)/112/61(2) of the BNS, pending before the Court of CJM, Bongaigaon, arising out of Manikpur P.S. Case No. 39/2025, registered under Sections 3(5)/303(2) of BNS, 2023. 3. The gist of the allegation made in the FIR is that the alleged-accused was involved in unloading certain stolen fish boxes from a Truck. For carrying out the unloading, the alleged-accused was paid by the Driver and the Helper of the Truck. After receipt of the FIR, the aforementioned case was registered against the accused-applicant. 4. The learned counsel appearing for the accused-applicant submits that the accused- applicant was arrested on 24.03.2025 and has been in judicial custody for the past 232 days. The learned counsel submits that the accused-applicant was not aware that the goods/fish being unloaded were stolen and, in fact, he along with other persons were requested by the Driver of the Truck to help them unloading those fish boxes from the Truck and further, they were paid for their services through online transaction made by the Driver of the Truck. The learned counsel submits that the accused-applicant is nowhere involved in the activity of stealing or selling the aforesaid fish boxes and his involvement was only to the extent of unloading those fish boxes. In view of the aforesaid, the learned counsel submits that since the accused-applicant has already spent 232 days inside the jail custody and he is not involved in any stealing or selling of the goods/fish boxes, he should be released on bail. 5. On the other hand, the learned Addl. P.P. has fairly submitted that the Case Diary in the matter has been received and as per the Case Diary, it is found that the accused- applicant was involved in unloading of the fish boxes, but, there is no material of his involvement in selling or stealing of the fish boxes. 6. This Court has gone through the Case Diary submitted before this Court and also heard the submissions made by the learned counsel for the parties. 7. Taking into account the length of detention and the allegation made against the Page No.# 3/3 accused-applicant as well as the materials available on record, this Court is of the view that this is fit case wherein, the accused-applicant shall be granted the privilege of bail. Accordingly, the accused-applicant is directed to be released forthwith on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with surety of like nature to the satisfaction of the learned Court of the CJM, Bongaigaon, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. TCR so received to be sent back. JUDGE Comparing Assistant