Page No.# 1/5 GAHC010210212026 2026:GAU-AS:14745 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2919/2026 ROSIDUL HOQUE ALIAS RASIDUL HAQUE AND 3 ORS. S/O HABIBUR RAHMAN VILLAGE 2 NO TONGIA P S KAKI DISTRICT HOJAI ASSAM 2: YASHIN ALI S/O ABDUL GONI VILLAGE 2 NO TONGIA P S KAKI DISTRICT HOJAI ASSAM 3: ABDULLAH S/O LATE SUKUR ALI VILLAGE PUB SOLONI P S RUPAHI DISTRICT NAGAON ASSAM 4: TAFIJUL ISLAM S/O LATE AMIR UDDIN VILLAGE 2 NO NA PANI MIKIR GAON P S SAMAGURI DISTRICT NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B CHANDA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.10.2026 Heard Mr. B. Chanda, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused, namely, Rosidul Hoque @ Rasidul Haque, Yashin Ali, Abdullah and Tafijul Islam, who have been languishing in jail hajot since 10.09.2026, in connection with Kaki P.S. Case No. 54/2026, registered under Sections 318(4)/115(1)/351(2)/ 61(1)(a)/3(5) of the BNS, 2023, read with Sections 3/4/6(a) of the Assam Healing (Prevention of Evil) Practices Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one SI Dilip Kr. Borah of Udali PP, under Lanka Police Station, on 10.09.2026. 4. The essence of allegation against the accused in the FIR, dated 10.09.2026, is that on 10.09.2026, he got an information that one Roshidul Haque is carrying out black magic practices at Kaki Tongia @ Pagla Baba, assisted by one Abdullah, Yasin Ali and Taifjul Islam, and they are hiding at Ambagan area of Nagoan. And accordingly, they were picked up and brought to the place where they practiced such ill activities, and several items were seized from the house of said Roshidu Haque, which contains 08 Nos. of small bottles, Page No.# 3/5 13 Nos. of rope bundle (dhaga), 03 Nos. of Plastic Bottles, 01 No. Of Syringe, 17 Nos. of Stone transparent poly bag, 1 No. of Syringe nipple, 02 Nos. of Tabis, 04 Nos. of Finger Rings, 6 No's of empty containers (glass), One OPPO mobile A3 pro 5G, One Realme 15 5G mobile, One Redmi 14C 5G mobile, One vivo Y-12s Mobile, One I-phone 15 mobile, 03 Nos. of Jio Sim Card, one Ford Figo vehicle bearing Registration No. AS01 MB-1735 with key, and 6 Nos. of small Plastic quartz stone wrapper in yellow transparent paper. They were carrying such practices of black magic for last few months, thereby, duping a large number people throughout the Hojai District as well as people from other parts of the state. They were also engaged in healing practices and magical healing propagation for treatment of any diseases or any disorder relating to human health, directly or indirectly giving a false impression of treatment to cure disease, pain and trouble to human health and they used to advertise such occult practices in social media platform, such as Facebook, for attracting more victims. They also used to give poisonous substances to the victims who used to approach them and when their health deteriorated, they used to blackmail the victims to give them handsome amount of money, to shun all evil impact of ghosts from their body, mind and health. They also encouraged the victims for bodily injury like human sacrifices and other bodily injuries, and hurt the victim intentionally, under the pretext of occult practices, and that their victims are largely Hindu people and they used to encourage their victims to convert to Muslim religion. 5. Mr. Chanda, learned counsel for the accused submits that the accused were arrested on 10.09.2026, and since then, they have been languishing in jail hajot, and that they are innocent and no-way involved with the offence alleged Page No.# 4/5 in the FIR. He also submits that the accused are ready to cooperate with the investigating agency and therefore, he has contended to allow this application. 6. Per contra, Mr. Sarma, learned APP for the State respondent, has vehemently opposed the application. By producing the case diary before this Court, Mr. Sarma submits that the I.O. has collected sufficient incriminating materials against the accused. He also submits that investigation is going on and some of the co-accused persons are yet to be arrested and if the accused are enlarged on bail, then it would cause serious prejudice to the investigating agency and under such circumstances, he has contended to dismiss this application. 7. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also gone through the case diary produced before this Court by Mr. Sarma, learned APP. 8. Case diary indicates that the I.O. has collected sufficient incriminating materials against the present accused persons and investigation is also going on. 9. And in view of the materials collected so far in the case diary, it cannot be said that at this stage, the custodial detention of the accused persons are not warranted in the investigation of the case. 10. And accordingly, this Court is of the view that this is not a fit case, where the privilege of bail can be granted to the accused persons and accordingly, this Page No.# 5/5 bail application stands dismissed. 11. In terms of the above, this Bail Application stands disposed of. 12. Case diary be returned. JUDGE Comparing Assistant