Page No.# 1/3 GAHC010035192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./457/2025 MD RUPCHAN ALI ALIAS RUPCHAN ALI S/O- LATE TARU MIYA, R/O- SITAPUR, P.S.- KAJALGAON, DIST.- CHIRANG, ASSAM 2: MD AKBAR ALI ALIAS AKBOR ALI S/O- LATE ABEID ALI R/O- SITAPUR P.S.- KAJALGAON DIST- CHIRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M RAHMAN, MD S ALI,MR KUTUB ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.03.2025 1. Heard Mr. S. Ali, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners namely, (1) Md. Rupchan Ali Alias Rupchan Ali and (2) Md. Akbar Ali Alias Akbor Ali, who have been detained behind the bars since 06.02.2025 in connection with Pragjyotishpur P. S. Case No. 08/2025 under Sections 303(2)/3(5) of the BNSS, 2023. 3. The gist of the accusation in this case is that the two informants, namely, Ved Prakash Chubey and Akmil Rashid Khan, who had lodged an FIR on 06.02.2025 before the In-Charge of Panikhaiti Police Station, inter-alia, alleging that the petitioners have stolen HDD parts, and one golden ring. 4. The learned counsel for the petitioners has submitted that the petitioners are detained behind the bars for last 33 days and considering the period of detention, they may be allowed to go away. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Pragjyotishpur P. S. Case No. 08/2025 and has submitted that some of the stolen goods were recovered within the jurisdiction of Kajalgaon Police Station in the district of Chirang and an investigation is also going on by that police station. 6. He further submits that he opposes the prayer for bail at this stage as the investigation is going on. 7. I have considered the submissions made by the learned counsel for both sides and have perused the materials on record including the case diary of Pragjyotishpur P. S. Case No. 08/2025. 8. Considering the period of detention already undergone by the petitioners, progress of the investigation may take place, as well as the fact that some of the articles, which are alleged to be stolen have been recovered, this Court is of the considered opinion that if the petitioners cooperate in the investigation, their Page No.# 3/3 custodial detention may not be necessary. 9. In view of above, both the above-mentioned petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) with the following conditions: i. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. ii. That the petitioners shall co-operate in the investigation. iii. The petitioners after their release, shall appeal before the investigating officer within ten (10) days of their release and cooperate in the investigation. 10. With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant