Page No.# 1/4 GAHC010023052026 2026:GAU-AS:2690 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./369/2026 ABDUL RAHMAN ALIAS ADU S/O LATE ABDUL KASIM, R/O VILL. NAKHOLA BASTI, NEAR MASZID, P.O. AND P.S. JAGIROAD, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S H SIKDAR, MR. A DEKA,MS N J BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-02-2026 Heard Ms. N. J. Begum, learned counsel for the petitioner and Mr. P. S. lahkar, 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, Abdul Rahman @ Adu, who was arrested in connection with Basistha P.S. Case No. 592/2025 registered under Sections 331(4)/305(a) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Ms. Begum, learned counsel that the present is innocent and he has not committed any such offence as alleged in the FIR. He got arrested in connection with this case only on the statement made by the co-accused persons and since last 46 days he is in custody and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. 5. Further she submitted that there was no recovery from the possession of the petitioner and the co-accused of the have already been granted bail by the learned Trial Court after considering the materials in the case diary and considering the case of the present petitioner on the same footing, he may also be allowed to go on bail on the ground of parity. 6. However, the petitioner will extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail. 7. Mr. Lahkar, learned APP submitted in this regard that after the arrest of petitioner he was in police custody for three days and further from the case diary, it Page No.# 3/4 is seen that he is the mastermind who or the main conspirator for committing the offence of theft in the godown and since two months prior the conspiracy was made with a view to commit the theft. Huge quantity of oil was stolen from the godown and only a small quantity was recovered but the investigation is still under process and the remaining part of the stolen oil is yet to be recovered. Mr. Lahkar accordingly submitted that further custodial interrogation of the petitioner may be required for the purpose of investigation of the case. 8. Considering the submissions made by the learned counsel for both sides, I have also perused the case diary. However, it is seen that the accused petitioner was in police custody for three days and that apart he is in custody for last 46 days and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody for a considerable period. 9. Considering this aspect of the case, 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. 10. Accordingly, the accused/petitioner, namely, Abdul Rahman @ Adu, be released on bail in connection with Basistha P.S. Case No. 592/2025 registered under Sections 331(4)/305(a) of 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 Chief Judicial Magistrate, Kamrup (M), Guwahati, 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 P.S. Case Page No.# 4/4 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. 11. With the above observation and direction, this bail application stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant