Page No.# 1/4 GAHC010057202025 2025:GAU-AS:3617 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./816/2025 AMDADUL ISLAM @ BABUL S/O LATE TAHER ALI R/O LOCHANABORI,WARD NO. 01, P.S. MOIRABARI DIST.MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 27.03.2025 Heard Mr. S. M. Abdullah. P, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. 2. This application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the petitioner, who has been languishing in jail hazot since 10.03.2025 in connection with Moirabari P. S. Case No. 43/2025, under Sections 305/3(5) of BNS. 3. The Case Diary has been received and I have perused the same. 4. Mr. Abdullah P., the learned counsel for the petitioner, has submitted that the petitioner is innocent and is no way connected to the alleged offence. However, his name was mentioned by one of the arrested co-accused, namely Idris Ali, and solely on the basis of his statement, the present petitioner was arrested in connection with this case. He further submitted that, as per the seizure list, all the rice in question had already been seized by the police after the interception of the alleged vehicle. More so, he submitted that the petitioner is ready and willing to cooperate with the Investigating Officer (I.O) in the further investigation of the case, if granted the privilege of bail. 5. On the other hand, Mr. Baruah, the learned Additional Public Prosecutor has submitted that the co-accused, Idris Ali, revealed the name of the accused/petitioner, stating that he was the person who instructed him to load the seized rice bags into the vehicle. He further submitted that the case is still under investigation, and as per the I.O’s report, other co-accused persons are yet to be apprehended in connection with this case. Accordingly, he raised an objection to granting bail to the accused/petitioner at this stage. Page No.# 3/4 6. Considering the submissions made by the learned counsels for both sides and upon perusal of the case diary, it is evident that, apart from the statement of the co- accused, no other substantial material has been collected by the I.O so far. However, the investigation is still ongoing, and other co-accused persons may also be implicated in connection with this case. Thus, considering the materials available in the case diary, I find it to be a fit case for granting the privilege of bail to the accused/petitioner, as further custodial interrogation may not be necessary for the purpose of the investigation. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, the accused/petitioner, namely, Amdadul Islam @ Babul, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 Chief Judicial Magistrate, Morigaon, without prior permission. 8. In terms of above, this bail application stands disposed of. 9. Return the case diary. Page No.# 4/4 JUDGE Comparing Assistant