Page No.# 1/4 GAHC010003442025 2025:GAU-AS:788 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./79/2025 JAYANTA HALOI AND 3 ORS S/O LT. SATYA RAM HALOI, C/O BITEN KALITA, LAKHI MANDIR PATH, 2 NO. MATHGHARIA, NR. MULLA GAVARU FIELD, P.S. NOONMATI, DIST. KAMRUP(M) ASSAM. 2: JUNMONI DEKA @ JONMON DEKA @ BALTU S/O SRI. PRABIN DEKA OF KAMALA BAGAN HILLS SIDE NARENGI P.S. NOONMATI DIST. KAMRUP(M) ASSAM. 3: MANTU BARMAN S/O LT. BINDU BARMAN VILL- RAMPUR AJOGORA P.S. GHOGRAPAR DIST. NALBARI ASSAM TEMP/ADD SUNDARBARI P.S. JALUKBARI DIST. KAMRUP (M) ASSAM. 4: RAJU DEKA S/O LT. KRIPA DEKA VILL- KAMARPARA P.S. SARTHEBARI DIST. BARPETA ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. S. Munir, learned counsel for the accused persons and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the B.N.S.S., is preferred by accused persons namely, Jayanta Haloi; Junmoni Deka @ Baltu; Mantu Barman; and Raju Deka, who have been languishing in jail hazot, in connection with the Noonmati P.S. Case No. 205/2024, under Section 305(b) of the B.N.S., for granting bail. 3. It is to be noted here that the said case has been registered on the basis of one F.I.R. lodged by one Babul Ch. Dutta, on 01.10.2024. The essence of allegation in the F.I.R. is that on 30.09.2024, at about 08:30 p.m., the vehicle of the informant, bearing registration No. AS-01-EZ-5275 (EECO 07 STAR), was found missing while the same was kept parking. 4. Mr. Munir, learned counsel for the accused persons submits that the accused persons were shown arrested in the present case on 18.12.2024, and Page No.# 3/4 since then they have been languishing in jail hazot for last 40 days. Mr. Munir referring to the Annexure – 4, at page No. 14 of the petition, submits that they were arrested only on suspicion and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary before this court and referring to the statement of the accused submits that the accused, Jayanta Haloi, himself has admitted having stolen the vehicle by using a master key and sold the same in Dimapur. Mr. Sarma further submits that the vehicle is yet to be recovered and as such, the bail application may be dismissed. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. It appears that the accused persons were shown arrested in the present case on 18.12.2024, and since then they have been languishing in jail hazot for last 40 days. Further, it appears that except the statement of the accused, Jayanta Haloi, no other material is available in the case diary to show the involvement of the accused persons with the alleged offence. 8. Having considered above and also considering the period of detention and balancing the same with the gravity of the alleged offence in the F.I.R, this court is of the view that their further custodial detention may not be warranted in the interest of investigation. 9. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- each only, with one surety of like amount to the satisfaction of the learned Page No.# 4/4 Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused persons be enlarged on bail. 10. In terms of above, this bail application stands disposed of. 11. The case diary be returned. JUDGE Comparing Assistant