Page No.# 1/4 GAHC010028132026 2026:GAU-AS:2692 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./432/2026 NIJAM ALI SON OF NACHER ALI, RESIDENT OF VILLAGE -KURIHAMARI, P.O. BHANGNAMARI, DISTRICT NALBARI, ASSAM, PIN -781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K MOHAMMED, MR. S M MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-02-2026 Heard Mr. K. Mohammed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Nijam Ali, who was arrested in connection with Hajo P.S. Case No. 33/2026 registered under Sections Page No.# 2/4 305/331(4)/317(4) BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Mohammed, learned counsel for the petitioner submitted that the petitioner is the owner of a jewelry shop. 5. He further submitted that the petitioner is no way related with the alleged offence, however, he was arrested in connection with this case on 28.01.2026 and since then, he is in custody. 6. Police seized all the items from his jewelry shop and those were not even identified by the informant/complainant, nor, the informant was brought to his shop for any identification. Apart from the jewelry items, some of the documents were also seized by police. 7. He further submitted that the petitioner is not associated with the alleged crime, however, he may receive some stolen gold only on bonafide belief. But on the day of arrest itself, he was sent to judicial custody and no prayer for police remand was made by the I.O. at the time of his forwarding. However, he is in custody since 28.01.2026 and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. Moreover, from the forwarding report of the other co-accused persons, it is seen that all the jewelry items were recovered from the possession of the co-accused person of the case, who alleged to have committed the theft in the house of the informant. 8. However, the petitioner is ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail. 9. Mr. Sarma, learned APP raised objection and submitted that there are sufficient incriminating materials against the present petitioner who is a habitual receiver of the stolen articles and the I.O. also added Section 317(4) of BNS Page No.# 3/4 against the petitioner. Several gold items already recovered from the possession of the petitioner and he is associated with the alleged offence and he received the stolen articles with the knowledge that those were stolen property. Mr. Sarma accordingly raised objection and submitted that the petitioner’s bail application may not be considered at this stage as his further custodial detention may be required for the purpose of investigation of the case. 10. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary. It is a fact that there are some recovery of gold ornaments from the shop of the petitioner, but there is no such identification as to whether those stolen articles belong to the informant or he received those stolen articles from the other co-accused persons, who actually committed the theft in the house of the informant. 11. Considering the submissions made by the learned counsel for both sides, vis-a-viz the length of detention already undergone by the accused petitioner, I find that further custodial interrogation of the petitioner may not be necessary for the interest of investigation of the present case and accordingly, I find it a fit case to extend the privilege of bail to the present petitioner. 12. Accordingly, the accused/petitioner, namely, Nijam Ali, be released on bail in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4)/317(4) BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned JMFC, Hajo, Kamrup, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid Page No.# 4/4 P.S. Case and (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/her from disclosing such facts to the Court or to any police officer. 13. With the above observation and direction, this bail application stands disposed of. 14. Return the case diary herewith. JUDGE Comparing Assistant