Page No.# 1/5 GAHC010001812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./28/2025 ABDUR RAZZAK @ ABDUL REZZAK AND 3 ORS. S/O HOSEN ALI R/O VILL- MAYERCHAR PART-VI P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 2: SUKUR ALI @ SUKKUR ALI S/O HASAN ALI @ HOSEN ALI R/O VILL- MAYERCHAR PART-VI P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348 3: HABEZ ALI @ HABEJ ALI S/O KADER ALI MISTRI R/O VILL- MAYERCHAR PART-VI P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348 4: BADSHAH SK @ BASHA SHEIKH S/O MAYJUDDIN SHEIKH VILL-ALURBHUI BONDIRGOLA P.O. KOKRAJHAR P.S. KOKRAJHAR DIST. KOKRAJHAR Page No.# 2/5 BTR ASSAM PIN-78337 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date :10.01.2025 Heard Mr. H. R. A. Choudhury, learned senior counsel, assisted by Mr. M. Hussain, learned counsel, appearing on behalf of the applicants. Also heard Mr. D. P. Goswami, learned Addl. P.P., Assam. The present application has been instituted by the applicants, praying for grant of regular bail in connection with Hatigaon Police Station Case No. 196/2024 registered u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023. The applicants were shown to have been arrested in connection with the said case on 19.12.2024, while in detention in connection with Dispur Police Page No.# 3/5 Station Case No. 1080/2024 under Section 310(2)/311 of the Bharatiya Nyaya Sanhita, 2023. It is submitted at the Bar that this Court had enlarged the applicants on bail in connection with Dispur Police Station Case No. 1080/2024 under Section 310(2)/311 of the Bharatiya Nyaya Sanhita, 2023, vide order, dated 09.01.2025, passed in BA No. 20/2025. The informant had lodged an First Information Report(FIR), inter alia, alleging therein, that some unknown persons had caused a theft by house breaking of his house and had stolen cash amount of Rs. 2,40,000/- along with gold ornaments. On receipt of the said First Information Report(FIR), the Hatigaon police registered the Hatigaon Police Station Case No. 196/2024 u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023. Basing on the said First Information Report(FIR), the applicants, who were already in detention in connection with Dispur Police Station Case No. 1080/2024 under Section 310(2)/311 of the Bharatiya Nyaya Sanhita, 2023, were again shown arrested in connection with the instant case i.e. Hatigaon Police Station Case No. 196/2024 registered u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023. It is submitted by Mr. Choudhury, learned senior counsel for the applicants, that the applicants, herein, have been shown arrested in connection with the said case only on the basis of suspicion in view of the fact that they were arrested earlier in connection with a similar offence. The learned senior counsel has further submitted that the applicants, herein, are self-employed persons and accordingly, in view of their detention; their respective families have been put to distress in- as-much as they are the only earning members of their family. Page No.# 4/5 Considering the submissions of Mr. Choudhury, learned senior counsel for the applicants, this Court is of the considered view that the applicants, herein, having already been extended with the privilege of bail in connection with a similar case; in this matter also, the applicants, herein, are entitled to be extended with the privilege of regular bail. Accordingly, it is hereby directed that the applicants, herein, shall be enlarged on pre-arrest bail on furnishing a bond of Rs. 25,000/-, each, with a surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), on the following terms and conditions: (i). The applicants shall refrain from carrying-out such activities with which they are presently alleged in the present case. (ii). The applicants shall appear before the I.O. of the case every fortnight till completion of the investigation of the matter and submission of the Final Report. (iii). The applicants shall cooperate with the I.O. in the investigation of the matter. (iv). Any breach of the bail conditions as imposed by this Court, hereinabove, by the applicants; the I.O. of the case, would be at liberty to approach the competent Court of law, praying for cancellation of the pre-arrest bail as granted to them, by this Court, today. Page No.# 5/5 With the above directions and observations, this bail application stands disposed of. CD so produced, be returned back to the learned Addl. P.P., Assam. JUDGE Comparing Assistant