Page No.# 1/3 GAHC010034972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./455/2025 WIVEKY THOO S/O LATE EMPI SYMPLI, R/O VILLAGE- RYMBAI, P.S LADRYMBAI OUT POST, DISTRICT EAST JAINTIA HILLS, STATE- MEGHALAYA, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,S K DAS,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.03.2025 1. Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Wiveky Thoo, who has been detained behind the bars since 07.02.2025 (for last 28 days) in connection with Basistha P.S. Case No. 82/2025 under Section 305(b) of BNS, 2023. Page No.# 2/3 3. The gist of accusation in this case is that on 03.02.2025, one Dimpi Barman had lodged an FIR before the Officer-in-charge of Basistha Police Station, inter alia, stating that her scooty bearing Registration No. AS-01-EX-1673 was stolen from her house. 4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in this case. He submits that the scooty has been recovered from another person and the petitioner has been detained behind the bars for last 28 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 82/2025 and has submitted that a cash amount of rupees more than Rs.1 Lakh has been seized from the possession of the present petitioner. He also submits that the stolen scooty has already been recovered. He also submits that there are incriminating materials against the present petitioner in the case diary. 6. I have considered the submissions made by the learned counsel for both the sides and have gone through the case diary of Basistha P.S. Case No. 82/2025. 7. Considering the progress made in the investigation as well as the fact that the stolen scooty has been recovered and also considering the period of detention undergone, this Court is of considered opinion that if the petitioner cooperates in the investigation, his further custodial detention may not be necessary. 8. In view of above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- Page No.# 3/3 (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant