Page No.# 1/4 GAHC010235222025 2025:GAU-AS:16004 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3555/2025 YOUNUS TAMULY SON OF LATE HANIF TAMULY, R/O VILLAGE JENGONIKOTIA, P.O. SIVASAGAR, P.S. AND DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH,MR N Z CHOUDHURY,MR N A MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.11.2025 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the Page No.# 2/4 petitioner, namely, Younus Tamuly praying for grant of bail in connection with Sivasagar PS Case No. 143/2025 registered under Sections 61(2)/147/148 of BNS, 2023, R/W Section 18/19 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA). 3. The Case Diary as called for has been received. 4. On 19.09.2025, one Debasish Sarmah, working as Sub-Inspector, Sivasagar PS, lodged a written FIR to the Officer-in-Charge, Sivasagar Police Station stating that a reliable information was received at this Police Station that the accused Younus Tamuly of Sivasagar PS area is in constant communication with a veteran criminal Bimal Bora who has a history of involvement in a number of heinous crimes under the UAPA Act as well as in crime against property such as automobile theft. The said individual about whom secret information has been received is reportedly making arrangements for the purpose of a pistol, hand grenade and stolen motor cycle from the said criminal. It is further alleged that after procuring such illegal arms and explosives, the same may be used for carrying out terrorist activities in Sivasagar and other parts of Assam, thereby disturbing peace and public order. The intention behind the procurement of these weapons and explosives appears to be to destabilize the security environment of Assam. Upon such complaint, an F.I.R. was registered vide Sivasagar P.S. Case No.143/2025 dated 19.09.2025 under Section 61(2)/147/148 of the Bharatiya Nyaya Sanhita, 2023 (BNS), r/w Section 18/19 of Unlawful Activities (Prevention) Act (UAPA). 5. On perusal of the Case Diary, it appears that the case I.O has procured the conversion that took place between the present petitioner and another accused Bimal Bora. Page No.# 3/4 6. On perusal of the aforesaid record of conversion between the petitioner and the said accused, it appears that the petitioner was trying to purchase a pistol as well as a motor cycle for his own use from the other accused. Besides that, there appears to be no material to show that the petitioner has waged war against the Central Government or State Government or attempt to do so or abetted the waging of such war or his entering into any conspiracy to overawe criminal force against the Central Government or State Government. Hence, the ingredients of Section 147/148 of BNS do not get reflected in the material available in the Case Diary. 7. The ingredients of Section 61(2) of BNS also therefore do not get reflected by the material available in the Case Diary. Furthermore, the I.O has incorporated Section 18/19 of the UAPA but there is no material in the Case Diary to show that the present petitioner is involved in any terrorist activity or in any conspiracy or attempt to that end. Furthermore, it appears from the forwarding report that the main accused Bimal Bora himself is not a member of the banned organization of ULFA (I) but he only has links to it and for that reasons also, there does not appear to be any material against the present petitioner so as to attract the provisions of the UAPA. 8. The petitioner has spent 66 days in custody and having regard to the materials available in the Case Diary, his further detention may not be warranted. Furthermore, having regard to the fact that the ingredients of the offences under the provision of UAPA are not prima facie attracted, the bar of Section 43(D)(5) of the UAPA also do not get attracted in the present case. 9. Consequently, the prayer for bail is allowed. Page No.# 4/4 10. The petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Eleka Magistrate, in connection with the aforesaid case. 11. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence the witnesses in any manner. 12. Bail Application stands disposed of. Send back the Case Diary. JUDGE Comparing Assistant