Page No.# 1/3 GAHC010051142025 2025:GAU-AS:3381 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./741/2025 MD HAZARAT ALI S/O MATIOR RAHMAN R/O VILL-NORTH BONGAIGAON, SALBARI KADAMTOLI P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25-03-2025 Heard Mr. M. Khan, learned counsel for the petitioner and Mr. M P Goswani, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Md. Hazarat Ali, son of Matior Rahman, resident of Village- North Bongaigaon Salbari Kadamtoli, Police Station-Bongaigaon, District-Bongaigaon has filed this application under Section 483 BNSS, 2023, on 07.03.2025 seeking bail in Abhayapuri Police Station Case No.32/2025 registered under Sections 61(2)/109 BNS, 2023, read Page No.# 2/3 with Sections 25(1)(a)/27 of the Arms Act corresponding to N.G.R. No. 58/2025, in which he was arrested on 24.02.2025 and is in custody since then. 3. As per the FIR dated 19.02.2025, lodged before the Boitamari Outpost under Abhayapuri Police Station, the case is that the complainant is having a grocery shop at Nityabazar under Abhayapuri Police Station. On 16.02.2025 in the night around 09:30 while he was in his said shop, two unknown miscreants came in a motorcycle and shot at him, in which he was luckily escaped. The bullet that was fired hit the wall of his grocery shop and damaged water bottles and soap boxes etc., in his said shop. 4. Initially, the said FIR of the complainant was registered as Boitamari Outpost G D Entry No. 382 dated 19.02.2025 and on being forwarded to the Abhayapuri Police Station, it was registered as Abhayapuri P.S. Case No.32/2025 corresponding to N.G.R. No. 58/2025 under Sections 61(2)/109 BNS, 2023, read with Sections 25(1)(a)/27 of the Arms Act. 5. Mr. Goswami, learned Addl. PP from the case diary submitted that the petitioner kept the assailants in his house giving shelter to them prior to the incident. On the other hand, Mr. Khan, learned counsel for the petitioner submitted that the petitioner is the landlord whereas the assailants were the tenants in his house and the petitioner was not aware of their activities. 6. Considering the materials in the case diary and the period of detention of the petitioner in custody since 24.02.2025 in said Abhayapuri P.S. Case No.32/2025, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Abhayapuri P.S. Case No.32/2025. As such, this bail application of the petitioner is accepted. 7. Accordingly, the petitioner, namely, Md. Hazarat Ali, son of Matior Rahman, be released on bail in said Abhayapuri P.S. Case No.32/2025 on furnishing a bail bond of Rs. 50,000/-, with two local sureties each of the like amount, to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), North Salmara at Abhayapuri on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Abhayapuri P.S. Case No.32/2025 as and when he is required for necessary investigation of said Abhayapuri P.S. Case; (ii) shall not leave the territorial jurisdiction of the Abhayapuri Police Page No.# 3/3 Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer and further (v) shall not indulge himself in any such criminal activities, in future. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Abhayapuri P.S. Case No.32/2025 shall stand automatically vacated. 9. Bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant