Page No.# 1/3 GAHC010170532026 2026:GAU-AS:12341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2295/2026 AMAR ALI AND ANR S/O AFZAL RAHMAN, R/O WEST DADARA, PS HAJO, DIST KAMRUP (R), ASSAM 2: SAFIK ALI S/O MOHAMMAD ALI R/O DHIRENDRA RATNAGIRI PATH FATASIL AMBARI DIST KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT OF ASSAM Advocate for the Petitioner : MR. A M KHAN, MR S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2026 Heard Mr A M Khan, learned counsel for the petitioner. Also heard Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. By this application filed under Section 483 of the BNSS, 2023, the petitioners have prayed for bail in connection with Bharalumukh PS Case No. 126/2026 under Sections 305(a)/317(4) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner was arrested, was lodged on 06.08.2026, by the Admin In-Charge of SPS Construction India Pvt. Ltd, stating, inter alia, that theft had occurred at his construction site/premises near the West Rotary, Bhootnath side and the Main Bridge. It was stated that on 4th of August, 2026, in the evening, during a routine patrol, the on-duty security guards and site staff discovered that cables and lights were stolen and it is also alleged that on the same day, the thieves trespassed into the site and damaged sensor devices and stole cables. 4. The learned counsel for the petitioner submits that the petitioner No. 1 owns a damp and the petitioner No. 2 is working as an employee in the said damp. He submits that the Police went to his damp and recovered certain cables and on suspicion that the petitioners are involved in the stealing had arrested them and the petitioners are inside the jail for the last 20 days. 5. Mr R J Baruah, learned Additional Public Prosecutor for the State, on perusal of the Case Diary, submits that on a secret information, the Police came to know that cables were kept in the damp of the petitioner No. 1 and on searching the same, the cables were recovered. He further submits that the petitioner No. 1 stated that the petitioner No. 2 had purchased the cables, but from whom the petitioner No. 2 had purchased, is not Page No.# 3/3 known. 5. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that no specific materials were found against the petitioners showing their complicity in the offence, this Court deems it fit to enlarge the petitioners on bail on furnishing of a bail bond of Rs. 20,000/- each, with one local surety each of the like amount to the satisfaction of the learned CJM, Kamrup (Metro), under the following conditions:- i) the petitioner shall appear before the Investigating Officer or the Court, as and when called for. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer/concerned Court. 7. Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant