Page No.# 1/3 GAHC010052442025 2025:GAU-AS:3610 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./721/2025 SAIDUR RAHMAN S/O AKRAM ALI R/O VILL- 2 NO. RANGAPANI SONATALI P.S. BOKO DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-03-2025 Page No.# 2/3 Heard Mr. N.J. Dutta , the learned counsel for the petitioner and also heard Mr. K. K. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 01.03.2025 in connection with Basistha P.S. Case No. 125/2025 u/s 305(a) of BNS, 2023. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Dutta that from the Forwarding Report itself it is seen that one co-accused Chandan Hasda @ Kosu is the person who committed theft in the house of the complainant and it is also contended that some of the stolen items are also sold in the scrapyard and the present petitioner is stated to be the receiver of the stolen property and accordingly he got arrested in connection with this case. The present petitioner is the employee of the said scrapyard and the owner is one Ismail Hussain. He further submitted that the case is registered u/s 305(a) BNSS and said section is not attracted in connection with the petitioner and only allegation against him is that he is the receiver of the stolen property. However, he is in custody for 24 days and the Investigating Officer got sufficient opportunity for his custodial interrogation. However, he is ready and willing to co-operate with the Investigating Officer in further investigation of the case, if he is granted the privilege of bail. 5. Mr. K.K. Das, the learned Additional Public Prosecutor submitted in this regard that it is a fact that he is the receiver of the stolen goods which were already received from the scrapyard but till date the gold ornaments are not Page No.# 3/3 recovered and the investigation is going on. Mr. Das accordingly raised objection in granting bail to the present accused/petitioner. 6. Considering the submissions made by learned counsel for both sides and considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 7. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Saidur Rahman, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant