Page No.# 1/3 GAHC010268512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3924/2025 AJAY CHOUDHURY S/O KHUSO CHOUDHURY,RESIDENT OF PRAGOTI APARTMENT, LICHUBAGAN, HENGRABARI,P.O P.S DISPUR, GUWAHATI-6, DISTRICT KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. H HAZARIKA,MS. N.A. BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 05.12.2025 Heard Mr. S. Munir, learned counsel appearing for the accused – applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of BNSS, 2023 praying for bail of the accused – applicant, namely, Ajay Choudhury in connection with Page No.# 2/3 Noonmati P.S. Case No. 199/2025 under Sections 305(c) / 112(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955. 3. The allegation as narrated in the FIR dated 08.11.2025 is that the Police Team, on receipt of the confidential information, went to the place of occurrence and found that the accused – applicant stealing oil from the oil tanker parked outside the IOCL Marketing Yard and recovered 13 plastic drums along with two empty plastic drums containing total amount of 780 liters of oil. On receipt of the aforesaid FIR, Police registered a case being Noonmati P.S. Case No. 199/2025 under Sections 305(c) / 112(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 against the accused – applicant. 4. The learned counsel appearing for the accused – applicant submits that the accused – applicant was arrested on 08.11.2025 and he was inside the jail since then, for the last 29 days and the Charge Sheet is yet to be filed. He submits that the alleged stolen oil has already been recovered and therefore, he submits that at this stage, the accused – applicant should be allowed to go on bail so that he can cooperate with the investigation. 5. Mr. P. Borthakur, learned Addl. Public Prosecutor appearing for the State, on the other hand, submits that there are incriminating materials against the accused – applicant as transpired from the Forwarding Report as well as the FIR. He further submits that the Case Diary has already been received and that has been submitted before this Court. Therefore, he opposes the bail of the accused – applicant. 6. Considering the submissions made by the respective counsel appearing for the parties as well as going through the Case Diary and taking into account the length of detention of the accused – applicant, who has already spent more Page No.# 3/3 than 29 days behind the bars, this Court is of the considered opinion that the accused – applicant should be released on bail at this stage. 7. Accordingly, it is directed that the accused - applicant shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) subject to the following conditions- (i) That the accused-applicant shall appear before the Investigating Officer as and when required; (ii) The accused-applicant shall not try to hamper or tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant