Page No.# 1/3 GAHC010245532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3580/2025 MONU ROY ALIAS GUWALA S/O -SUNIL ROY ALIAS GUWALA, R/O -JHANJUPARA, PANU KAURI P.S.-RAJGANJ DIST. -JALPAIGURI, WEST BENGAL. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR R A AHMED, M ISLAM,MR K THAKUR,MR M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 20-11-2025 Heard Mr. K. Thakur, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Monu Roy @ Guwala, seeking regular bail in connection Page No.# 2/3 with Mangaldai P.S. Case No.188/2025, under Section 304(2) of BNS, 2023. The accused person was arrested on 26.09.2025. 3. The FIR dated 25.09.2025 lodged by the alleged victim alleges that after she had withdrawn Rs.50,000/- from SBI Mangaldai and about to ride on two wheeler, the accused tried to snatched her moneybag and upon her raising hue and cry, he was caught by public and another fled away. 4. The earlier bail application was rejected on 28.10.2025. 5. The up-to-date case diary has been received. 6. The learned counsel for the petitioner submits that the penal provision given at this stage i.e. Section 302(4) of BNS, 2023 is punishable up to three years and applicable statutory period is 60 days. Upon perusing the case diary, it appears that the investigation is not yet completed. The petitioner also raises contention about non-compliance of section under Section 48 BNSS. 7. In this context, the learned Additional Public Prosecutor placed before this Court an order vide dated 26.09.2025 passed by the learned CJM, Mangaldoi – a copy which is available in the case dairy. It is stated in the said order that – notice under section 48 BNSS could not be issued as no relative of the accused/petitioner is available. However, WT message was sent to the concerned police station to be served upon the family members of the accused. 8. The accused is stated to have been detained in custody since 26.09.2025 and he has been completed 56 days as on today. Page No.# 3/3 9. In the given facts and circumstances, I am of the considered view that considering the progress of investigation as well as length of detention, this subsequent bail petition can be allowed, subject to conditions. 10. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Mangaldai P.S. Case No.188/2025, under Section 304(2) of BNS, 2023, on furnishing bail bond of Rs.30,000/- with two suitable sureties of the like amount – out of which one of the sureties should be the resident of Assam – to the satisfaction of learned concerned court (CJM, Mangaldoi), Assam. 11. The direction for bail is further subject to the following conditions: (a) That the petitioner shall not abscond; (b) That the petitioner shall be available for trial if one commences; and (c) That the petitioner shall not hamper or tamper with evidence. 12. Violation or breach of any condition(s) shall entail cancellation of bail. 13. With the above observations, this bail petition stands allowed and disposed of accordingly. 14. Send back the case dairy. JUDGE Comparing Assistant