Page No.# 1/3 GAHC010273752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3979/2025 ASIR UDDIN ALIAS ASIRUDDIN SON OF HAZARAT ALI, RESIDENT OF VILLAGE PAHARSINGPARA, MORNOI, GOALPARA, ASSAM 2: MULLAKCHAND ALI ALIAS MULLUK CHAN ALI SON OF SUKUR ALI VILLAGE PAHARSINGPARA MORNOI GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA,N. UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.12.2025 1. Heard Mr. M.I. Hussain, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioners, namely, 1. Assir Uddin @ Asiruddin, 2. Mullakchand Ali @ Mulluk Chan Ali, who were arrested on 08.10.2025 in connection with Bongaigaon P.S. Case No. 252/2025 under Sections 331(4)/305(a)/112(2) of BNS,2023. 3. One person namely Bhaskar Jyoti Singha, S/O Lt. Majedra Kumar Singha lodged an FIR with the Bongaigaon Police Station alleging inter-alia that on 28- 09-2025 at around approx 1:40 AM, some unknown miscreants broke into his shop namely M/s M.S. Infotech, located at Main Road Near AGP Office Bongaigaon Assam 783380 and had stolen Mobile Phones 4,13,798.64/- (Including GST), Television 15450/-(Including GST), Laptop 79,375/-(Including GST), Accessories 5090/-(Including GST), Cash Rs. 5000 approx. Total approximate value of stolen goods is Rs.5,18,713.64/-. After receiving the FIR the Officer-in-Charge of Bongaigaon Police Station registered the FIR vide Bongaigaon P.S. case No. 252/2025 under section 31(4)/305(a)/112(2) of BNS and started investigation. 4. It is submitted by learned counsel that the petitioners have spent 65 days behind the custody and items have also been recovered and hence prayer for bail may be considered. 5. On the other hand, the learned Addl. Public Prosecutor submits that as reflected in the earlier bail rejection order, the present petitioners are the main perpetrators of the offence of theft of the stolen articles. 6. Considering the period of detention of 65 days and also the fact that the stolen items have been recovered, therefore, further detention of the petitioners is not considered necessary. Page No.# 3/3 7. Accordingly, the above-named petitioners are allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned CJM, Bongaigaon with following conditions: i) That the petitioners shall not hamper with the investigation, or tamper with the evidence of the case; ii) That the petitioners 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 him from disclosing such facts to the Court or to any police officer. iii) That the petitioners shall not commit any offence while on bail; 8. Violation of bail conditions might entail cancellation of the bail. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant