Page No.# 1/3 GAHC010025932025 2025:GAU-AS:2448 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./367/2025 HABIJUL HOQUE AND ANR S/O NASIR UDDIN R/O MAHABIR PATHAR P.S. GOROIMARI DIST.KAMRUP, ASSAM 2: ENNUS ALI S/O BASUR UDDIN R/O NO. 2 DAKSHIN RANGAPANI P.S. BOKO DIST.KAMRUP ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 07.03.2025 Heard, Mr. Paramanik, learned counsel for the petitioners. Also Page No.# 2/3 heard Mr. Mr. K.K. Das, learned Additional Public Prosecutor for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Habijul Hoque and Ennus Ali, have prayed for bail in connection with Dispur P.S. Case No. 36/2025 registered under Section 60(b)/61(1) (a)/303(2)/318(4)/316(2) of BNS, 2023. 3. It has been submitted by the learned counsel for the petitioners that the petitioners have been detained in custody for last 46 days since their arrest on 21.01.2025. It is also submitted that as per FIR, there is no allegation against the petitioners that they had committed any offence. Considering the allegation in its entirety as well as length of detention, the petitioners may be enlarged on bail. 4. Mr. Das, learned Additional Public Prosecutor for the State has produced the case diary and opposed in granting to the petitioners. It is also submitted that ATM cards of different persons were recovered from the possession of the petitioners as such, bail may not be granted to the petitioners at this stage of investigation. 5. I have considered the submissions made by the parties. I have also perused case diary. 6. The case diary reveals that some ATM cards of different persons were recovered from the possession of the petitioners but it is not reflected any such offence was committed by using such ATM cards. Considering the background of the case as well as length of detention, this Court is inclined to grant bail to the petitioners. Page No.# 3/3 7. Accordingly, the petitioners, named above, shall be released on bail in connection with Dispur P.S. Case No. 36/2025 registered under Section 60(b)/61(1)(a)/303(2)/318(4)/316(2) of BNS, 2023, on furnishing bail bond of Rs.50,000/- each with one suitable surety each of the like amount to the satisfaction of learned CJM, Kamrup(M), Assam. 8. The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Assam without prior written permission from him/her; (b) 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; (c) shall not commit such offence as alleged in the FIR in future. 9. Breach of any of the above conditions, shall tantamount to cancellation of bail. 10. In the view of the above, the bail application stands disposed of. 11. Send back the case diary. JUDGE Comparing Assistant