Page No.# 1/3 GAHC010051002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./783/2025 JAMAL BADSHA S/O KASHEM ALI VILL-BAIKHUNGAON, P.S. KAJALGAON DIST.CHIRANG, ASSAM, PIN-783385 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.03.2025 Heard Ms. B Das, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Jamal Badsha, son of Kashem Ali, resident of village- Baikhungaon, P.S.-Kajalgaon, District-Chirang has filed this application under Section 483 BNSS, 2023 on 07.03.2025, seeking bail in Kajalgaon Police Station Case No. 10/2025 registered under Sections 61(2)/111(3) of the BNS, 2023 read with Sections 25(I-A)/35 of the Arms Act, in which he was arrested on 21.01.2025 and is in custody since then. 3. As per the FIR dated 21.01.2025 lodged before the Officer-in-Charge of Kajalgaon Police Station, the case is that on receipt of source information on 21.01.2025 at around 7 AM that the petitioner concealed arms and ammunitions within his boundary premise, the said information was entered into Kajalgaon Police Station General Diary vide GDE No. 07 dated 21.01.2025. Thereafter, duly authorized police personnel from the Kajalgaon Police Station rushed to the house of the petitioner and while making search in the premise of his house, as shown by him, recovered (i) one factory made pistol without magazine, (ii) two rounds of live ammunitions and (iii) one black coloured polythene that was used to wrap the pistol and ammunitions from the bunch of banana trees in the backyard of his house in presence of independent witnesses. From the initial enquiry, it was revealed that the petitioner along with others planned for an organized crime with intention of criminal conspiracy at his locality. 4. Accordingly, Kajalgaon Police Station Case No. 10/2025 was registered under Sections 61(2)/111(3) of the BNS, 2023 read with Sections 25(I-A)/35 of the Arms Act and the petitioner was taken into custody on 21.01.2025. 5. During enquiry, it was also found that the petitioner was involved in (i) Kajalgaon P.S. Case No. 225/2021 under Sections 120(B)/302/307/325/427 IPC as well as in (ii) Kajalgaon Page No.# 3/3 P.S. Case No. 39/2024 under Section 379 IPC read with Section 7 of the Essential Commodities Act read with Section 23 of the Petroleum Act. 6. The petitioner was produced before the learned Chief Judicial Magistrate, Chirang, Kajalgaon on 21.01.2025 itself. 7. The petitioner contended that considering his detention since 21.01.2025 for more than 65 days till date, his bail prayer should be considered. 8. It is seen that earlier the bail prayer of the petitioner in said Kajalgaon P.S. Case No. 10/2025 was rejected by this Court on 20.02.2025 in Bail Appln. No. 285/2025 and this is the petitioner’s 2nd bail application in said Kajalgaon P.S. Case No. 10/2025. 9. Mr. M P Goswami, learned Additional Public Prosecutor, Assam from the case diary has submitted that there are sufficient incriminating materials against the petitioner. Moreover, he was also involved in heinous crimes earlier, for which other police cases are pending against him. 10. Finding such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that his custodial detention since 21.01.2025 cannot be considered for his bail in said Kajalgaon P.S. Case No. 10/2025. 11. Accordingly, this bail application of the petitioner, Jamal Badsha, son of Kashem Ali, in said Kajalgaon P.S. Case No. 10/2025, stands rejected. 12. Return the case diary. JUDGE Comparing Assistant