Page No.# 1/4 GAHC010062022025 2025:GAU-AS:3890 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./876/2025 JAHAR ALI AND 2 ORS S/O OSMAN ALI VILL- NO. MAGURMARI P.S-- DHULA,DIST-- DARRANG, ASSAM, PIN-- 782140 2: MAHASAB ALI S/O ISMAILALI VILL- NO. 1 ATAKATA P.S. DHULA DIST. DARRANG ASSAM PIN- 782140 3: SAIFUL ISLAM S/O-- MAJID ALI VILL- NO.2 NANGLICHAR P.S. SHYAMPUR DIST-- DARRANG ASSAM PIN-7821 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D SARMAH, B. D. KAKATI,S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 02.04.2025 Heard Mr. D. Sarmah, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. 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 Mangoldoi P.S. Case No. 16/2025, under Sections 61(2)(6)/12(1)(2)/132 of BNS. It is submitted by Mr. Sarmah, learned counsel for the petitioners, that the present 3 (three) accused/petitioners are behind the bar for last 37 days and thus, the I.O. got sufficient time for their custodial interrogation. Further he submitted that the accused/petitioners, namely, Johar Ali and Saiful Islam, are no way related in the alleged offence as they were already granted with the privilege of pre-arrest bail by the learned Sessions Judge, Darrang, Mangaldai in connection with Dhula P.S. Case No. 175/2024, under Sections 61(2)/319(2)/308(4) of BNS, vide order dated 15.02.2025, passed in Mis.(B) Case No. 77/2025. Further he submitted that the accused/petitioners are behind the bar in connection with the present case for last 37 days and thus, the I.O. got sufficient opportunity for their custodial interrogation. However, they are still ready and willing to co-operate with the I.O. in further investigation of this case if they are granted with the privilege of bail. Mr. Das, learned Additional Public Prosecutor, submitted in this regard that Page No.# 3/4 the accused/petitioners- Jahar Ali and Saiful Islam are the persons for which the entire incident had happened and they were helped by the other accused persons to escape from the scene and thus, there are sufficient materials so far collected by the I.O. during investigation along with other accused/petitioners. Accordingly, Mr. Das raised objection and submitted that further custodial interrogation of the present accused/petitioners may be required for the purpose of investigation. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, I find that further custodial interrogation of the accused/petitioners seems to be not necessary for the purpose of investigation. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Mangaldai, the accused/petitioners, namely, (i) Johar Ali, (ii) Mahasab Ali & (iii) Saiful Islam, 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 petitioners 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, Mangaldai, without prior permission. Page No.# 4/4 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant