Page No.# 1/3 GAHC040017302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/127/2025 Smti Majeda Begum Wife of Gulzar Hussain, permanent resident of Fatehpur, Kutubpur, PO Kutubpur, PS Bihpuria, Lakhimpur District, Assam 787054 VERSUS The State of AP represented through the PP of AP Advocate for the Petitioner : Limi Bam, Bomchi Taipodia,G Loyi Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 31-10-2025 Heard Mr. B. Taipodia, learned counsel for the applicant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for release of the accused, namely, Gulzar Hussain, on bail in connection with Balijan P. S. Case No. 22/2025, under Sections 303(2)/3/5 of the BNS, 2023, who was arrested on 25.08.2025. Page No.# 2/3 3. An FIR was lodged on 25.08.2025 by one Shri Nabam Kama, President of the Gaon Burah Association, Sangdupota Circle, Balijan, District Papumpare, stating that for several days, the residents of Sangdupota Circle had been verbally reporting the disappearance of their cows, but no concrete clue had been found. On 24.08.2025, at around 2:00 a.m., a resident of Khamir Village noticed suspicious movement along the State Highway involving a red-coloured Alto car bearing Registration No. AS07X 7368 and a blue-coloured Tata Mobile Pickup Truck bearing Registration No. AR-01U 1225. The villagers intercepted the Pickup Truck on its return after about 2 (two) hours and found one stolen cow loaded inside it. 3 (three) non-Arunachalee persons were apprehended on the spot. 4. On receipt of the aforesaid FIR, a case was registered being Balijan P. S. Case No. 22/2025, under Sections 303(2)/3/5 of the BNS, 2023. 5. Mr. B. Taipodia, learned counsel for the accused, submits that the accused has already recorded his statement under Section 180 of the BNSS, 2023, and the accused is cooperating with the investigation since his arrest. He further submits that since the alleged offence is punishable with imprisonment for a term up to 3 (three) years, and the accused has been in custody for more than 65 (sixty-five) days as on date, yet no Charge-sheet has been filed, the accused is entitled to be released on default bail. 6. Ms. L. Hage, learned Additional Public Prosecutor, while opposing the bail, submits that during the course of investigation, the accused has admitted to the alleged commission of the offence, and that the mastermind of the case is still absconding. She further submits that technical surveillance is presently being used to trace the location of the said mastermind. Therefore, if the accused is released before the arrest of the mastermind, there is a likelihood of his tampering with the evidence and influencing the witnesses, which would hamper the investigation at this stage. 7. Heard the submissions of the learned counsels for the parties and also perused the Case Diary. Page No.# 3/3 8. Materials available in the Case Diary prima facie point towards the commission of the offence by the accused. The investigation also reveals that several persons appear to be involved in the case, and the mastermind is still absconding. However, the Police have failed to complete the investigation and to file the Charge-sheet within the mandatory period of 60 (sixty) days in the present case. 9. Considering the above, this Court has no option but to allow the accused to be released on default bail as the same is an indefeasible right of an accused. 10. Accordingly, it is provided that the accused, namely, Gulzar Hussain, in connection with Balijan P. S. Case No. 22/2025, under Sections 303(2)/3/5 of the BNS, 2023, be released on bail on furnishing a bail bond of Rs. 15,000/- (Thirty Thousand), with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Yupia, subject to the following conditions: (i). that the accused shall appear before the Investigating Officer once every week; (ii). that the accused shall co-operate with the Investigating Officer in further investigation of the case and make himself available for interrogation by the Investigating Officer as and when required; (iii). that the accused 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; (iv). that the accused shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Yupia, without prior permission. 11. Accordingly, Bail Application is allowed on default and disposed of. JUDGE Comparing Assistant