Page No.# 1/4 GAHC010057612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./789/2025 ANOWAR HUSSAIN @ ANOWAR ISLAM S/O ABDUL MATLEB 2 ABDUL MOTLEB, RESIDENT OF VILLAGE TANGAON PART II, PO DHANUA, PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. S. ALOM, MR. M A I HUSSAIN,MR. S H ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.04.2025 Heard Mr. M.A.I. Hussain, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483, BNSS is preferred by accused, namely, Anowar Hussain @ Anowar Islam, who has been languishing in jail hazot in Page No.# 2/4 connection with Mankachar P.S. Case No. 221/2024, under Sections 111/61(2)/288 of the BNS, read with Sections 4/5 of the Explosive Substances Act, 1908, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Bikash Saikia of Kalapani Out Post on 15.12.2024. The allegation in the FIR dated 15.12.2024 is that acting on a tip off, the informant and other police staff conducted search in the house of one Rukia Khatun and recovered (i) explosive sticks total 38 nos. of packets each containing 20 nos. of sticks, with total 760 nos. of sticks, written as 'Neo Gel' on each stick, (ii) explosive wire 55 bundles, colour blue, (iii) total 4 nos. box of CDET ALFA ordinary detonator, each box containing 100 nos. of detonator, total 400 nos. of detonator, (iv) instantaneous electric detonator strength no-08, total 5 bundles, (v) two bundles of red coloured electric wire, (vi) total 6 packets of white cement, each packet weighing 1 kg and (vii) one yellow colour scissor and seized the same in presence of witnesses and the same were kept in the house of Rukia Khatun by one Izazul Miah of Borobilla village. 4. Mr. Hussain, the learned counsel for the accused submits that earlier the accused had preferred a pre-arrest bail application, being AB No. 146/2025, which was dismissed by this Court, vide order dated 06.02.2025. Mr. Hussain also submits that pursuant to the order of this Court, dated 06.02.2025, in AB No. 146/2025, the accused herein surrendered before the I.O. and thereafter, he was remanded to judicial custody and he is languishing in jail hazot for last 55 days, and in the meantime, the investigation of the case has been completed and charge-sheet has been laid before the learned trial Court, and that the accused will appear before the learned trial Court on each and every date, and therefore, it is contended to allow this petition. Page No.# 3/4 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has opposed the petition on the ground that the case is at the initial stage. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned trial Court. 7. It appears that the accused herein had preferred one pre-arrest bail application, being AB No. 146/2025 and the same was dismissed by this Court, vide order dated 06.02.2025, after perusing the case diary with a direction to the accused/applicant therein to surrender before the I.O. It also appears that thereafter, the accused surrendered before the I.O. on 08.02.2025 and since then, he has been languishing in jail hazot for last 55 days. It further appears that investigation of the case has been completed and charge-sheet has been laid before the learned trial Court on 12.03.2025 and the accused has been charge-sheet, under Sections 111/61(2)/288 of the BNS, read with Sections 4/5 of the Explosive Substances Act, 1908. Further, from the scanned copy of the record and also from the charge-sheet, it appears that the accused is a daily wage earner and he used to collect explosive substances from Meghalaya and sold the same in higher price. The FSL report indicates that the explosive substance is Ammonium Nitrate. 8. Since the investigation of the case has been completed and charge-sheet has been laid before the learned trial Court, and since he has been languishing in jail hazot for last 55 days, this Court is of the view that his further custodial detention may not be warranted in the interest of investigation, and the investigation already came to an end. Now trial will start and the accused has to prepare his defence also. Moreover, he is a daily wage earner and he kept the Page No.# 4/4 seized explosive not for any oblique purpose, but to sell the same in higher price, as per materials in the case record. 9. Thus, in the given facts and circumstances and considering the nature and gravity of the offence, and also considering the period of detention, this Court is inclined to allow this petition. 10. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned trial Court, the accused be enlarged on bail. The learned trial Court will be at liberty to impose any condition so as to ensure attendance of the accused during trial. 11. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant