Page No.# 1/4 GAHC010052162026 2026:GAU-AS:5195 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./737/2026 MATIOR RAHMAN @ MOTIUR RAHMAN S/O IBRAHIM SHEIKH R/O VILL- PANOWARI, P.O. SAPKATA P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTC, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./899/2026 SANKAR DEY SARKAR AND ANR S/O LATE PRARESH DEY SARKAR R/O VILL- BABURHAT PURBA STATION PARA P.S. PUNDIBARI DIST. COOCHBEHAR WEST BENGAL. Page No.# 2/4 2: SOBHAN DEY SARKAR S/O LATE PRARESH DEY SARKAR R/O VILL- BABURHAT PURBA STATION PARA P.S. PUNDIBARI DIST. COOCHBEHAR WEST BENGAL. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 07-04-2026 Heard Mr. A. Ahmed, the learned counsel for the petitioners. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 03.03.2026 in connection with Paltan Bazar P.S. Case No. 69/2026 u/s 318(4)/319(2)/336(3)/337/339/340(2)/61(2)(b) of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Ahmed that the present accused/petitioners are behind the bars since last 36 days and hence considering their period of Page No.# 3/4 detention, they may be released on bail. Further, he submitted from the statement made in FIR itself it is seen that no offence took place as they were immediately brought before the police station on suspicion and in that case they were also not provided with any notice u/s 35(3) BNSS. However, the petitioners are ready and willing to extend their cooperation in further investigation of this case, if their cooperation is required. Mr. Ahmed further submitted that the police got sufficient opportunity to interrogate the present petitioners keeping them in custody and hence further custodial interrogation may not be necessary for interest of the investigation. 5. Mr. Goswami, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary, it is seen that these accused/persons introduced themselves as Railway Officers with some fake identity and the accused/persons themselves admitted that they showed some fake identity cards and later on the ground of suspicion they were brought to the police station. It also reveals from the record that in some earlier occasions also they were involved in such type of offences. 6. Hearing the submissions made by learned counsel for both sides, I have also perused the case records and considering the materials available in the Case Diary and also considering the length of detention undergone by the accused/petitioners, I find that the police got sufficient opportunity to interrogate the present petitioners keeping them in custody and hence further custodial interrogation may not be necessary for the purpose of investigation. In view of this, this Court is of the opinion that the petitioners are entitled to go on regular bail and hereby their petitions are allowed. 7. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only each with 2 (two) sureties of like amount, provided that one Page No.# 4/4 surety has to be a government servant, to the satisfaction of the learned CJM, Kamrup (M), the accused/petitioners, namely, [1] Matior Rahman @ Motiur Rahman and [2] Sankar Dey Sarkar, be enlarged on bail, subject to the following conditions: (i) that the accused/petitioners shall appear before the I/O as and when required; (ii) that the accused/petitioners 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 from disclosing such facts to the Court or to any police officer; (iii) that the accused/petitioners shall submit their Aadhar Card, Voter ID and PAN Card before the learned CJM, Kamrup (M); and (iv) that the accused/petitioners shall not leave the jurisdiction of the learned CJM, Kamrup (M), without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant