Page No.# 1/3 GAHC010057802025 2025:GAU-AS:3978 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/659/2025 SWAMINATH CHAUHAN AND 2 ORS S/OLT. JAGDEW CHAUHAN R/O VILL- MAINA PATHAR, SINGARI BASTI,P.S. HOJAI, DIST. HOJAI, ASSAM 2: PROBES CHAUHAN SON OF SWAMINATH CHAUHAN R/O VILL- MAINA PATHAR SINGARI BASTI P.S. HOJAI DIST. HOJAI ASSAM 3: PARAESWAR CHAUHAN SON OF SWAMINATH CHAUHAN R/O VILL- MAINA PATHAR SINGARI BASTI P.S. HOJAI DIST. HOJAI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MS SURAYA Page No.# 2/3 RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.04.2025 Heard learned counsel Mr. S. Nawaz, for the petitioners. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State. 2. The petitioners namely, (i) Swaminath Chauhan (ii) Probes Chauhan and (iii) Parameswar Chauhan have filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Hojai Police Station Case No.63/2025 under Sections 317(2)/316(2)/306/3(5) of the BNS, 2023. 3. The allegation against the petitioners is that the petitioners have received stolen property from the employees of the informant. It is submitted on behalf of the petitioners that their father i.e., the petitioner no.1 voluntarily approached the Police and returned the stolen property. 4. Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials against the petitioner nos. 2 and 3, namely, (ii) Probes Chauhan and (iii) Parameswar Chauhan. 5. I have considered the submissions at the bar. I have scrutinized the case- diary. Investigation has progressed substantially. The Stolen property has already been seized. It appears that custodial interrogation may not be required. 6. Considering all aspects, petition is allowed. In the event of their arrest, Page No.# 3/3 the petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating Officer and co-operate with the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, (iii) The petitioners shall appear before the Investigating Officer on every fortnight, till completion of investigation, and (iv) The petitioners shall not leave the jurisdiction of the jurisdictional Court without prior permission. 7. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 8. Send back the Case Diary. JUDGE Comparing Assistant