Page No.# 1/3 GAHC010043162025 2025:GAU-AS:3966 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./561/2025 ROFIQUL ISLAM S/O- LATE KITAB ALI, R/O- VILL- MOIRABARI, PS MOIRABARI, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : N ISLAM, MR. M A I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03-04-2025 Heard learned counsel Mr. M.A.I. Hussain for the petitioner Rofiqul Islam, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 11.02.2025 in connection with Nagaon Police Station Case No. 118/2025 registered under Page No.# 2/3 Section 61(2)/318(4)/316(3) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he took Rs.4,36,800/- (Rupees Four Lacs Thirty Six Thousand and Eight Hundred) to provide coal to the informant but instead of providing coal to the informant, he sold the same coal to some other person. 4. Learned Additional Public Prosecutor has raised serious objection stating that without perusal of the Case Diary, bail cannot be granted to the petitioner. 5. I have considered the submissions that the petitioner is behind bars for 51 (Fifty One) days. It appears that investigation may have presumably progressed substantially. It appears that further custodial detention may not be required for the progress of investigation. The petitioner has also submitted that he is willing to cooperate with the investigation and to abide by any stringent bail conditions if imposed upon him. 6. Considering all aspects, petition is allowed. 7. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every Page No.# 3/3 fortnight till completion of investigation and, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant