Page No.# 1/4 GAHC010042582026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./601/2026 RABIUL ALI ALIAS RAVIUL ALI AND 2 ORS. SON OF JALIL ALI, RESIDENT OF VILLAGE -TAPABARI, P.S. HAJO, DISTRICT KAMRUP, ASSAM 2: SHOHIDUL ISLAM ALIAS SAHIDUL ISLAM SON OF CHAMACHUL HOQUE ALIAS SAMSUL HAQUE RESIDENT OF VILLAGE -TAPABARI P.S. HAJO DISTRICT KAMRUP ASSAM 3: FAJAL HOQUE ALIAS FAZAL HAQUE SON OF ALAL UDDIN RESIDENT OF VILL KURHAMARI P.S. SIALMARI DISTRICT NALBARI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K MOHAMMED, MR. S M MUNIR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.03.2026 Heard Mr. K. Mohammed, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Rabiul Ali @ Raviul Ali, (ii) Shohidul Islam @ Sahidul Islam and (iii) Fajal Hoque @ Fazal Haque, who were arrested in connection with Hajo P.S. Case No.33/2026 registered under Sections 305/331(4)/317(4) of the BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Mohammed, learned counsel for the petitioners submitted that the petitioners are all running small jewelry shops in their locality. 5. He further submitted that the petitioners are no way related with the alleged offence, however, they were arrested in connection with this case on 28.01.2026 and since then, they are in custody. 6. He further submitted that police seized the number of gold and silver jewelry items from the shop of Nijam Ali and those were not even identified by the informant/complainant, nor, the informant was brought to the shop of Nijam Ali. In relation to the present petitioners, no gold and silver items have been seized/recovered apart from (i) bullet classic 350 from petitioner no.1, (ii) one mobile phone from petitioner no.2 and (iii) another mobile phone from petitioner no.1. 7. He further submitted that the petitioners are no way involved in the present offence. They were only present in the shop of one Nijam Ali when the Page No.# 3/4 police came and arrested him. 8. However, the petitioners are ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 9. Mr. Baishya, learned APP raised objections and submitted that there are sufficient incriminating materials against the present petitioners and their involvement in the receiving of stolen gold and silver ornaments. 10. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary. It is a fact that there are some recovery of gold and silver ornaments from the shop of the Nijam Ali, but there is no such identification as to whether those stolen articles belong to the informant or Nijam Ali received those stolen articles from the other co-accused persons, who actually committed the theft in the house of the informant. Furthermore, no gold and silver ornaments have been seized/recovered from the possession of the petitioners. 11. Considering the submissions made by the learned counsel for both sides, vis-a-viz the length of detention already undergone by the accused petitioners, I find that further custodial interrogation of the petitioners 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 petitioners. 12. Accordingly, the accused/petitioners, namely, (i) Rabiul Ali @ Raviul Ali, (ii) Shohidul Islam @ Sahidul Islam and (iii) Fajal Hoque @ Fazal Haque, be released on bail in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4)/317(4) BNS, 2023, on furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand) each, with one surety of like amount to the Page No.# 4/4 satisfaction of the learned JMFC, Hajo, Kamrup, subject to the following conditions:- (i) that the petitioners 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 and (ii) that the 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/her from disclosing such facts to the Court or to any police officer. 13. With the above observation and direction, this bail application stands disposed of. 14. Return the case diary herewith. JUDGE Comparing Assistant