Page No.# 1/3 GAHC010000712025 2025:GAU-AS:531 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./12/2025 MEHERA AHMED W/O HASEN DEWAN, R/O VILLAGE KEOTKUCHI, PS. AND DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. J GHOSH, MR. T DEWAN,MR S DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 20.01.2025 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 13.12.2024 in connection with Hatigaon P. S. Case No. 274/2024 corresponding to G. R. Case No. 3316/2024, registered under Section 305 (a) of BNS. The Case Diary has been received and I have perused the same. It is submitted by Mr. Das, learned counsel for the petitioner, that the present petitioner is innocent and not involved in the alleged offence. While it is a fact that she is engaged in the scrap business, but she is not at all involved in the alleged offence as stated in the FIR. Moreover, the petitioner has been in custody since 13.12.2024, along with her 5-year-old minor son. Considering this aspect of the case, he prays for the release of the petitioner on bail. Further, he submits that the petitioner is ready to co-operate with the Investigating Officer (IO) in the further investigation of the case, if granted bail. In this context, Mr. Baruah, learned Additional Public Prosecutor, has submitted that after the arrest of the prime accused, the petitioner was apprehended as some of the stolen articles had been recovered from her possession during the investigation. He raised an objection, submitting that further custodial interrogation may be required for the purpose of investigation. Considering the submissions of learned counsels for both sides, the materials Page No.# 3/3 available in the case diary, and the fact that stolen goods have already been recovered, as well as the length of detention already undergone by the accused/petitioner, I am of the view that the I.O got an ample opportunity to interrogate the accused/petitioner while keeping her in custody. Therefore, at this stage, further custodial interrogation of the accused/petitioner does not seem necessary in this case. 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, Kamrup (M), Guwahati, the accused/petitioner, namely Mehera Ahmed, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make herself 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 her 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, Kamrup (M), Guwahati, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant