Page No.# 1/3 GAHC010056552025 2025:GAU-AS:2881 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./774/2025 GULJAR HUSSAIN AND ANR S/O ROFIKUL ISLAM R/O MAHGHULI BORGOLA P.S.NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM 2: NAZIR ALI S/O LT. HAMJAD ALI R/O MAHGHULI BORGOLA P.S. NORTH LAKHIMPUR DIST.LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, M ISLAM,MR A ISLAM,MR N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 18-03-2025 Page No.# 2/3 Heard Mr. F. Haque, the learned counsel for the petitioners and also heard Mr. P. Borthakur, 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 petitioners are behind bars since 20.12.2024 in connection with Kokrajhar P.S. Case No. 296/2024 u/s 127(2)/309(6)/316(2)/318(4) of BNS, 2023 R/W Section 25(1)(a) of Arms Act, 1959. 3. It is submitted by Mr. Haque, the learned counsel for the petitioners that the accused/petitioners are innocent and in no way connected with the alleged offence. However, the accused/petitioners are behind the bars for last 88 days and hence considering the length of detention the case of the petitioners may be considered. However, they are ready and willing to co-operate with the Investigating Officer regarding further investigation of this case. 4. Mr. P. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the nature of allegation brought against the present petitioners are serious in nature. However, he did not receive any instruction as to whether any charge-sheet is filed or not till date. 5. Considering the submissions of learned counsel for both sides and without going into the merit of the case, only on the length of detention already undergone by the accused/petitioners, 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/petitioners on bail. 6. Accordingly, the accused/petitioners are released on bail on furnishing a Page No.# 3/3 bond of Rs. 20,000/- each (Rupees twenty thousand) only with two sureties of like amount to the satisfaction of the learned CJM, Kokrajhar. The accused/petitioners, namely [1] Guljar Hussain and [2] Nazir Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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 petitioners shall not leave the jurisdiction of the learned CJM, Kokrajhar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant