Page No.# 1/4 GAHC010002602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./61/2025 SAHIL AHMED AND 2 ORS SON OF SAKAYAT HUSSAIN, RESIDENT OF VILLAGE- KAHIKUCHI, P.S. AND DISTRICT- BARPETA, ASSAM. 2: RAHUL SIKDAR SON OF NAZRUL ISLAM RESIDENT OF VILLAGE- TELERIYA P.S. AND DISTRICT- BARPETA ASSAM. 3: HANNAN ALI SON OF EKABBAR ALI RESIDENT OF VILLAGE- KHONGRA P.S.- TARABARI DLSTRICT- BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.02.2025 1. Heard Mr. N.J. Dutta, the learned counsel for the petitioners. Also heard Mr. D. Das, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Sahil Ahmed, 2. Rahul Sikdar and 3. Hannan Ali , who are detained behind the bars for last 43 days, in connection with Basistha P.S. Case No. 920/2024, under Section 61/303(2)/317(2)/111(2)(b) of BNS, read with Section 7 of the Essential Commodities Act, 1955. 3. The gist of accusation in this case is that on 23.12.2024, one Chinmoy Baruah, SI of Police of Jorabat Police Outpost had lodged an FIR before the Officer-In-Charge of Basistha Police Station, inter-alia, alleging that on receipt of secret information regarding illegal transportation of stolen fertilizer a Naka Checking was arranged in front of Jorabat Police Outpost and at about 12:00 PM, one vehicle bearing registration No. AS- 01-EC-7487 was intercepted and during search of the said vehicle 500 bags of urea fertilizer was found therein and the driver and the handyman of the said vehicle were unable to show any legal document regarding the said urea fertilizer. 4. The learned counsel for the petitioners has submitted that the petitioner No. 1 is the driver of the vehicle from which the urea was recovered and the petitioner No. 2 is the handyman as well as the Page No.# 3/4 petitioner No. 3 is the brother of the owner of the godown from where the urea was transported. He submits that all the above- named accused persons are behind the bars for last 43 days and considering the period of detention, they may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor Mr. Das has produced the Case Diary of Basistha P.S. Case No. 920/2024 and has submitted that the petitioner Nos. 1 and 2 are the driver and the handyman of the seized vehicle respectively and the petitioner No. 3 is the father of another accused, who is involved in the alleged offence. However, he fairly submits that as of now, the material in the Case Diary against the petitioner No. 3 does not justify his further detention. 6. I have considered the submissions made by the learned counsel for both the sides as well as perused the materials available on record, including the Case Diary of Basistha P.S. Case No. 920/2024. Considering the progress made in the investigation, as well as the period of detention undergone by the above-named petitioners, this Court is of considered opinion that their further custodial detention may not be necessary, if they otherwise co-operates in the investigation. 7. In view of the above, all the above-named petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount each, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati with the following conditions:- (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati without prior written permission from Page No.# 4/4 him/her; (b) shall not hamper with the investigation and tamper with the evidence of the case; (c) 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. 8. With the above observations, this bail application is hereby disposed of. 9. Return the case diary. JUDGE Comparing Assistant