Page No.# 1/3 GAHC010187922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2580/2026 ROFIQUL ISLAM ALIAS RAFIKUL ISLAM S/O-JAVED ALI, R/O.- GANDHI PATH, NATUNBASTI, P.O.- FATASIL AMBARI, P.S.- FATASHIL AMBARI, DIST,- KAMRUP(M), ASSAM, PIN-781125 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR A H AHMED, MR. S I TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.09.2026 Hear Mr. A. H. Ahmed, the learned counsel for the petitioner and Ms. S. H. Bora, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Fatashil Ambari Police Station Case No. 111/2026, corresponding to G.R. No. Page No.# 2/3 3090/2026, registered under Sections 331(4)/305(a) of BNS, 2023. 3. The FIR in connection with which the petitioner was arrested and put behind the bar was lodged on 18.07.2026, by one, Dr. Asraful Alam, stating inter alia, that he and the other family members were not there in his house and that, taking the advantage of their absence, some thieves entered his house and stole various articles including Gold ornaments, Laptop etc. Upon receipt of the Ejahar, the police conducted the investigation and, during the course of the investigation, arrested the petitioner solely on the ground that he appeared in the CCTV footage showing him disposing of the stolen articles at the scrap shop of one Ijar Ali. 4. The learned counsel for the petitioner submits that, the basis of this arrest is not proper in the eyes of Law, as it is nowhere written that he knows that those articles were stolen, although, for the sake of arguments, it is considered that he had sold the same. 5. Ms. S. H. Bora, the learned Addl. Public Prosecutor for the State, submits that the CCTV footage clearly showed that the petitioner was selling the stolen articles in the scrap shop of said Ijar Ali. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that, it is not clear from the forwarding report, that the petitioner knew that articles were stolen, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the CJM, Kamrup (M), Guwahati, under the following conditions: Page No.# 3/3 (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant