Page No.# 1/3 GAHC010019612025 2025:GAU-AS:1811 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./285/2025 JAMAL BADSHA S/O KASHEM ALI RESIDENTOF VILLAGE BAIKHUNGAON, PS KAJALGAON, DIST CHIRANG, ASSAM 783385 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS,MRS S RAHANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.02.2025 Heard Mr. A M Ahmed, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Jamal Badsha, son of Kashem Ali, resident of village- Baikhungaon, P.S.-Kajalgaon, District-Chirang has filed this application under Section 483 BNSS, 2023 on 30.01.2025, seeking bail in Kajalgaon Police Station Case No. 10/2025 Page No.# 2/3 registered under Sections 61(2)/111(3) of the BNS, 2023 read with Sections 25(I-A)/35 of the Arms Act, in which he was arrested on 21.01.2025 and is in custody since then. 3. As per the FIR dated 21.01.2025 lodged before the Officer-in-Charge of Kajalgaon Police Station, the prosecution’s case is that on receipt of a complaint on 21.01.2025 at around 7 AM as per source information indicating that the petitioner concealed arms and ammunitions within his boundary premise, duly authorized police personnel from the Kajalgaon Police Station visited the house of the petitioner and while making search in the premise of his house, as shown by him, recovered one factory made pistol without magazine, two rounds of live ammunitions and one black coloured polythene that was used to wrap the pistol and ammunitions from the bunch of banana trees in the backyard of his house in presence of independent witnesses. 4. Accordingly, Kajalgaon Police Station Case No. 10/2025 was registered under Sections 61(2)/111(3) of the BNS, 2023 read with Sections 25(I-A)/35 of the Arms Act and the petitioner was taken into custody on 21.01.2025. 5. It is seen that the petitioner was earlier arrested in Kajalgaon Police Station Case No. 225/2021 registered under Sections 120(B)/302/307/325/ 427 of IPC and also in Kajalgaon Police Station Case No. 39/2024 registered under Section 379 IPC read with Section 7 of the Essential Commodities Act, 1955 read with Section 23 of the Petroleum Act, 1934. 6. Mr. Sharma, learned APP, Assam from the case diary that was called for by order dated 07.02.2025 submitted that the petitioner as on date did not disclose from where he procured those arms and ammunitions recovered and seized from the backyard of his house. 7. Though Mr. A M Ahmed, learned counsel for the petitioner vehemently objected that the petitioner is no way connected with said Kajalgaon P.S. Case No. 225/2021 and Kajalgaon P.S. Case No. 39/2024 as well as in the present case. However, considering such incriminating materials in the case diary regarding his involvement in the alleged offence, this Court is of the opinion that it is not a fit case to grant bail to the petitioner in said Kajalgaon P.S. Case No. 10/2025 considering his detention since 21.01.2025. 8. Accordingly, this bail application of the petitioner, Jamal Badsha, son of Kashem Ali, in Page No.# 3/3 said Kajalgaon P.S. Case No. 10/2025, stands rejected. 9. Return the case diary. JUDGE Comparing Assistant