Page No.# 1/3 GAHC010170002026 2026:GAU-AS:12453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2294/2026 ANOWAR HUSSAIN ALIAS ANWAR HUSSAIN SON OF LATE ABDUL GAFUR VILLAGE MAILKUCHI, P.S.AND DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.08.2026 Heard Mr. H. A. Ahmed, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Anowar Hussain @ Anwar Hussain has prayed for releasing him on bail after he was arrested on 15.07.2026 in connection with Barpeta Police Station Case No. 257/2026 Page No.# 2/3 registered under Section 303 (2) of BNS, 2023. 3. The FIR in connection with which the petitioner has been arrested was lodged on 10.07.2026, wherein it was, inter-alia, stated that on 09.07.2026, certain items were stolen from the factory premises of the informant and that the said items were stolen from the backside of the factory premises through the paddy fields. 4. The learned counsel for the petitioner submits that the name of the petitioner does not find place in the FIR and that, during the course of investigation, the petitioner was arrested on the ground that he was the person who had instructed others to steal and carry the said items. However, he submits that the petitioner was not connected with the offence of stealing from the factory premises of the informant. 5. Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam, upon perusal of the case diary, submits that there are independent witnesses who have stated that the other co-accused, who is yet to be arrested, had instructed them to collect the materials from the petitioner and that the said witnesses had received the materials from the petitioner. 6. Upon consideration of the submissions made by the learned counsel for the parties, more particularly in view of the fact that no incriminating material was stated against the petitioner in the forwarding report, and that neither his name finds place in the FIR nor in the case diary, this Court is of the view that the materials collected during the course of investigation do not disclose any incriminating material against the petitioner. 7. In view of the same, this Court deems it fit that the petitioner be enlarged on bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) Page No.# 3/3 only with one local surety of the like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court under the following conditions:- 1. That the petitioner shall appear before the Investigating Officer and co-operate in the investigation as and when required; 2. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Barpeta Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness 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 in connection to this Police Station Case. 8. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 9. This Bail application is accordingly stands disposed of. 10. Returned the Case Diary. JUDGE Comparing Assistant