Page No.# 1/4 GAHC010056802025 2025:GAU-AS:3502 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./795/2025 JALAL DEWAN S/O- LATE KHALEK DEWAN RESIDENT OF VILLAGE SAORAR BHITHA, PO BALAJAN, PS MANDIA DIST BARPETA, ASSAM 2: JARIP ALI S/O RUSTAM ALI RESIDENT OF VILLAGE SILOCHI PATHAR PO BALAJAN PS BHAGBOR DIST BARPETA ASSAM 78130 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26.03.2025 Page No.# 2/4 Heard Ms. T. Som, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023, praying for grant of bail to the accused/petitioners, who have been arrested in connection with Gorchuk P.S. Case No. 71/2025, under Sections 303(2)/61(2)/317(2)/3(5) of BNS read with Section 7 of the Essential Commodities Act, 1955. 3. Case Diary, as called for, has not been received as submitted by the learned Additional Public Prosecutor. 4. It is submitted by Ms. Som, learned counsel for the petitioners, that both the petitioners are the driver and handyman of the vehicle/truck and they have not committed any offence as alleged in the F.I.R. It is a fact that on the day of incident, as per the instruction of the owner of the truck, they have carried the rice bags in the truck and as they could not produce any relevant documents at the time of interception, they were apprehended by police and for last 20 days, they are in custody. Further she submitted that the owner of the truck/rice bags has already been granted with the privilege of interim pre-arrest bail by this Court with a direction to produce all the relevant documents before the I.O. to verify and examine the documents. Accordingly, she submitted that the further custodial interrogation of the present accused/petitioners may not be required for the purpose of investigation. However, they are ready and willing to co- operate the I.O. in further investigation of this case if they are granted with the privilege of bail. 5. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard Page No.# 3/4 that the owner of the truck/rice bags was granted with the privilege of interim pre-arrest bail by this Court as he produced some documents before this Court and he was directed to appear before the I.O. and to produce all the documents so that it may be verified by the Investigating Agency. But, admittedly, these 2 (two) accused/petitioners could not produce any relevant documents at the time of interception of the truck and accordingly, he submitted that without perusing the Case Diary he is not in a position to submit in regards to the merits of the case and accordingly he raised objection and submitted that the Case Diary may be called for before granting bail to the present accused/petitioners. 6. After hearing the submissions made by the learned counsels for both sides and also on perusal of the materials available in the record, it is seen that this Court, vide Order dated 19.03.2025, had granted the privilege of pre-arrest bail to the owner of the truck/rice bags, which were intercepted/seized in connection with this case, on his furnishing of some relevant documents before this Court. It is also seen that the present accused/petitioners are the driver and handyman of the truck and they carried the rice bags in the truck as per the instruction of the owner of the truck. 7. In view of above and also considering the entire aspects of the case as well as the role of the present petitioners, I am of the view that further custodial interrogations of the accused/ petitioners are not necessary for the interest of investigation and therefore, I find it a fit case to grant the privilege of bail to the present accused/petitioners. 8. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- Page No.# 4/4 (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, the accused/petitioners, namely, Jalal Dewan & Jarip Ali be enlarged on bail, subject to the following conditions: (i) that the petitioners 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, 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 petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, without prior permission. 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant