Page No.# 1/3 GAHC010053762025 2025:GAU-AS:4601 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./735/2025 RIJJAK ALI S/O JARIF ALI, RESIDENT OF AKHANDAK CHOR, PS SUKCHOR, DIST SOUTH SALMARA ASSAM, PRESENTLY RESIDING AT BAMUNIMAIDAM, NEAR RAILWAY LINE, PS CHANDMARI, GUWAHATI KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 10-04-2025 Heard Mr. S. Munir, the learned counsel for the petitioner and also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 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 05.03.2025 in connection with Rowta P.S. Case No. 27/2025 u/s 61(2)/303(2)/333/109/324(4) of Bharatiya Nyaya Sanhita, 2023 R/W Section 3 of the Prevention of Damage to Public Property Act, 1984. 3. Case Diary is received but it is submitted by Mr. Goswami that the Injury Report of the victim was called for but it could not be sent by the Investigating Officer as the same is not yet ready to furnish. 4. It is submitted by Mr. Munir, the learned counsel for the petitioner that the Injury Report is awaited since last 2/3 occasions and till date the Investigating Officer is not in a position to furnish the Injury Report. Mr. Munir further submitted that the present accused/petitioner is the husband of the registered owner of the vehicle and there is no allegation against him in the FIR. He is already cooperating in the investigation and disclosed the name of the driver and he is still ready and willing to cooperate before the Investigating Officer in further investigation of the case. 5. Mr. Goswami, the learned Additional Public Prosecutor submitted in this regard that it is not a case that he is only the husband of a registered owner of the vehicle but, he is fully associated with the theft of the goat etc. and he used to bring those theft goat to his shop and he used to sell the meat. 6. Mr. Goswami further submitted that from the materials available in the Case Diary, it is seen that the present petitioner is very much involved in the commission of theft of goat. Accordingly, he submitted that further custodial interrogation may be required for the proper investigation of the case. 7. Considering the submissions made by learned counsel for both sides and Page No.# 3/3 considering the custodial detention of the accused for last 37 days, I find that further custodial interrogation may not be required for the interest of investigation. However the petitioner will cooperate with the IO in further investigation of the case and will appear before the IO as and when his cooperation will be needed. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 8. 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, Udalguri (BTR), Assam. The accused/petitioner, namely Rijjak Ali, 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, Udalguri (BTR), Assam without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant