Page No.# 1/4 GAHC010000502025 2025:GAU-AS:918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./31/2025 NOOR UDDIN S/O LATE AKLISH UDDIN, R/O VILLAGE PACHIM LAKHIPUR, PS. PATHARKANDI, DISTRICT SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Patherkandi P.S. Case No. 324/2024, under Sections 126(2)/118(2)/109/3(5) of BNS, 2023, corresponding to G.R. Case No. 1903/2024. Case Diary has been received. Perused the same. Heard both sides. Mr. Das, learned counsel for the petitioner, submitted that the present petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. Further he submitted that the accused/petitioner is behind the bar for last 64 days and thus, the I.O. got sufficient time for his custodial interrogation. More so, the accused/petitioner is a 60 years old person and accordingly, submitted that he will extend his co-operation in further investigation of this case if he is granted with the privilege of bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that from the statement of the victim, it is seen that there is no direct implication against the present petitioner. However, it is a fact that all the 3 (three) accused persons were present at the time of incident and from the Injury Report, it is seen that the one of the victim sustained simple injury and the other victim sustained grievous injuries on his head. However, there is no specific mention as to who attacked the victim for which he sustained grievous injury on his head. Further he submitted that the case is still under investigation and accordingly, he raised objection in allowing the present petitioner on bail at this stage. Page No.# 3/4 After hearing the submissions made by the learned counsels for both sides, I have also perused the Case Diary and considering the materials available in the Case Diary as well as the progress of investigation, I am of the view that further custodial interrogation of the present accused/petitioner may not be necessary for the interest of investigation and accordingly, I find it appropriate to allow the present bail application. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sribhumi, the accused/petitioner, namely, Noor Uddin, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Sribhumi, without prior permission. Page No.# 4/4 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant