Page No.# 1/3 GAHC010011972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./165/2025 SANIDUL ISLAM S/O MD. IDRISH ALI, RESIDENT OF VILLAGE FINGUWA PATHAR, PS SARTHEBARI, DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 27.01.2025 Heard Mr. S. Dutta, learned counsel for the accused and Mr. B.Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused, namely, Sanidul Islam, who has been languishing in jail hazot, in Page No.# 2/3 connection with Tezpur P.S. Case No. 719/2024, under Section 303(2)/317 of BNS, read with Section 53(i)(a) of Assam Excise Act, since 6.12.2024, for grant of bail. 3. It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one namely, SI Sarat Ch.Das, on Tezpur Police Station 06.12.2024. The essence of allegation, against the present accused is that he had carried 727 cartoons of Arunachali Indian made foreign Liquor (IMFL) in a Truck bearing Registration No. NL-01AF-6996, and he was apprehended at about 4.00 A.M. on 06.12.2024, at Kaliabhomora bridge and he could not show any valid document for carrying the IMFL in the said Truck. 4. Mr. Dutta, learned counsel for the accused submits that the accused is behind the bar last 53 days and he is the driver of the vehicle and that the learned Additional P.P. vide order dated 24.01.2025, was directed to produce the case diary but the learned Additional P.P. has failed to produce the same and that the offence under Section 53(i)(a) of the Assam Excise Act, is valuable and other offences under Section 303(2)/317 of the BNS, the punishment prescribed is below seven years, and as such, Mr. Dutta, is contended to allow this petition. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor, Assam, submits that he has communicated the order dated 24.01.2025, to the IO concerned but he has not received the case diary. 6. As the learned Additional P.P. has failed to produced the case diary, this Court is inclined to dispose of this petition without going through the case diary. It appears that the accused was arrested on 06.12.2024, and since then he has been languishing in jail hazot for last 53 days. The offences are also not Page No.# 3/3 so serious in nature and in the meantime, the investigation might have been completed and under such circumstances, further custodial detention of the accused seems to be not warranted in the interest of investigation. 7. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- one surety like amount to the satisfaction of the learned Chief Judicial Magistrate, Tezpur at Sonitpur, the accused shall be enlarged on bail. 8. In terms of above, this bail petition stands disposed of. JUDGE Comparing Assistant