Page No.# 1/4 GAHC010054082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./771/2025 AIJAL HOQUE @ MD AIJUL HOQUE S/O MD.SALAM ALI R/O CHATHABARI P.S. HAJO DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MS. F BEGUM Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./541/2025 MD JEHERUL HOQUE AND ANR S/O MD. ABUBAKKAR SIDDIQUE RESIDENT OF VILLAGE TILARDIA CHAR NAPARA PAM PS SIALMARI DIST NALBARI ASSAM Page No.# 2/4 2: MD RUSTOM ALI S/O HAZARAT ALI RESIDENT OF VILLAGE BARAMARA PS BARPETA SADAR DIST NALBARI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MS. N.A. BEGUM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.03.2025 This is a common order for both the bail application being Bail Appln No.771/2025 and Bail Appln No.541/2025. 2. Both these bail applications are filed under Section 483 of the BNSS 2023 whereby the petitioners, namely, Aijal Hoque @Md. Aijul Hoque, Md. Jeherul Hoque and Md. Rustom Ali have prayed for releasing them on bail after they were arrested in connection with Jagiroad P.S. Case No.249/2024. 3. The bail petition of petitioners, namely, Aijal Hoque @Md. Aijul Hoque, and Md. Jeherul Hoque are filed for the second time after their earlier bail applications were rejected by this Court. It has been submitted Page No.# 3/4 that these petitioners have already completed 86 days in the judicial custody. The learned counsel Mr. S. M. Mollah as well as Mr. S. Munir, for the petitioners have submitted that their period of detention deserves to be taken up as a ground for releasing them on bail. The learned counsel further submits that some of the other co-accuses relating to the present case were already released by this Court on bail. 4. I have heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. 5. Mr. B. Sarma, learned Additional Public Prosecutor has submitted that since there is no new ground of plea in the bail applications, their applications may not be considered. 6. I have considered the submissions made by the learned counsel for both the sides. 7. This Court has decided to agree with the submissions made by Mr. S. M. Mollah as well as Mr. S. Munir, learned counsel for the petitioners that the period of detention already undergone by both the petitioners should be taken up as a ground for releasing them on bail. Therefore, the bail applications filed by petitioners, namely, Aijal Hoque @Md. Aijul Hoque, and Md. Jeherul Hoque are allowed. Both the petitioners shall be released on bail on furnishing a bail bond of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, Assam subject to following terms and conditions:- (i) That the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when he is Page No.# 4/4 directed to do so. (ii) That the accused applicant shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer. (iii) That the accused applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Morigaon, Assam, without prior permission. 8. The bail application of Md. Rustom Ali shall be considered on 03.04.2025. 9. Accordingly, bail application No.771/2025 is disposed of. 10. List the bail application No. 541/2025 on 03.04.2025. Case diary shall be retained. JUDGE Comparing Assistant