Page No.# 1/3 GAHC010005792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./76/2025 BIMAL SEN AND ANR S/O LATE SANTOSH SEN, RESIDENT OF HOUSE NO 102, VIVEKANANDA PATH LALGANESH, PS DISPUR GUWAHATI 781034, DIST KAMRUP M ASSAM 2: ASHOK CHOUDHURY S/O LATE BHOLANATH CHOUDHURY RESIDENT OF BYE LANE NO. 4 HOUSE NO. 4 GEETANJALI PATH BARSHAPARA PS FATASIL AMBARI GUWAHATI 781025 DIST KAMRUP M ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. G PHUKAN, MR. A R KASHYAP Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.01.2025 Heard Mr. G. Phukan, learned counsel for the accused persons and Ms. N. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This application under Section 483 of the B.N.S.S., is preferred by accused persons namely, Bimal Sen and Ashok Choudhury, who have been languishing in jail hazot, in connection with the Fatasil Ambari P.S. Case No. 01/2025, under Sections 14/15 of the Assam Game and Betting Act read with Sections 318(4)/3(5) 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 A.S.I. Prafulla Gogoi, on 06.01.2025. The essence of allegation in the F.I.R. against the accused persons is that they were running of illegal teer gambling at Battalion Gate, Lutuma and Barsapara area. During search, the informant and his team seized one pink coloured nokia mobile; 7 numbers of white coloured small paper bundles; 4 numbers of paper slips having teer numbers; and cash amount of Rs. 1,680/- from the possession of Ashok Choudury. Further, 5 numbers of paper slips containing Teer numbers; one packet of pencil carbon paper; 5 numbers of themmarwet, dist. RI Bhoi (Regn. No. 2) papers containing Teer numbers, one note book; one black coloured Redmi mobile handset; cash amount of Rs. 3,265/-; and one blue coloured Kangaro stapler were seized from the possession of Bimal Sen. 4. Mr. Phukan, learned counsel for the accused persons submits that the accused persons were arrested on 06.01.2025, and since then they have been languishing in jail hazot for last 19 days. Mr. Phukan further submits that they were not involved in the said business and they have purchased the same for their own use and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. Per-contra, Ms. Das, learned Additional Public Prosecutor has produced the case diary before this court and submits that the I.O. has collected sufficient incriminating materials against the accused persons. Ms. Das further submits that Page No.# 3/3 they are habitual offenders and therefore, it is contended to dismiss the petition. 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 arrested on 06.01.2025, and since then they have been languishing in jail hazot for last 19 days. Further, it appears that the I.O. has achieved substantial progress in the investigation and relevant papers have already been seized and the witnesses have also been examined. 8. Having considered above and also considering the period of detention and balancing the same with the nature and gravity of the offences alleged 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 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