Page No.# 1/4 GAHC010106742026 2026:GAU-AS:7402 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1390/2026 BIJUL ALI S/O LALU ALI, PERMANENT R/O BHETAMUKH, PS CHANGCHARI, DIST KAMRUP (METRO), ASSAM, PIN 781101 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.05.2026 1. Heard Ms. T. Som, learned counsel for the petitioner Bijul Ali who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 22.05.2026 in connection with Jalukbari P.S. Case No. 185/2026 under Sections 61(2)/303(2)/317(2)/248/217/240 of the BNS, 2023 Page No.# 2/4 R/W Section 13 of the Assam Cattle Preservation Act, 2021. 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent State. 3. It is submitted on behalf of the petitioner that he was thoroughly interrogated under police custody and thereafter he was handed over to judicial custody. 4. A certified copy of the forwarding of the petitioner to judicial custody is submitted which will form a part of this record and is marked as ‘X’. Another certified copy of the order dated 26.05.2026 passed in Jalukbari P.S. Case No. 185/2026 is submitted which will also form a part of this record and marked as ‘Y’. 5. The allegation against the petitioner is that he posed fraudulently as the owner of an amount of Rs. 25 lacs which was allegedly robbed near the Radison Hotel Petrol Pump by a gang of dacoits. As he has given false information relating to robbery, he has been booked under Jalukbari P.S. Case No. 185/2026 under Sections 61(2)/303(2)/317(2)/248/217/240 of the BNS, 2023 R/W Section 13 of the Assam Cattle Preservation Act, 2021. 6. It is also alleged that the petitioner along with his co-accused has fraudulently alleged of dacoity and robbing of Rs. 25 lacs for an actual amount of Rs. 21,85,000/- which was collected from Umsning which happens to be proceeds of illegal cattle smuggling. 7. Learned counsel for the petitioner has submitted that the petitioner is not involved in cattle smuggling. He had informed the police about the robbery of Rs. 25 lacs on the behest of his uncle who called him over phone and requested him to inform the police about the robbery and he on being misled by his uncle, Page No.# 3/4 informed the police. No malafide is discernible on the part of the petitioner. 8. Learned counsel for the petitioner has also drawn the attention of this Court to the bail order of the Judicial Magistrate, 1st Class, Kamrup (M), wherein vide order dated 26.05.2026, it was also observed after perusal of the Case Diary that:- “So far as accused Bijul Ali is concerned, although the investigation has not, at present, directly implicated him in operational transportation activities, the case diary nevertheless reveals prima facie materials indicating that he falsely projected himself as owner of the money involved in the occurrence at the instance of absconding accused Mehbub Ali with the object of supporting and legitimizing the fabricated robbery version before the police. His role in the overall conspiracy and his linkage with the absconding co-accused persons are still under active investigation. At this stage, this Court is not inclined to segregate his role from the broader conspiracy alleged by the prosecution.” 9. Learned Additional Public prosecutor has raised serious objection stating that the same order mentioned above also reveals that the Court has not segregated the petitioner’s role from the broader conspiracy alleged by the Prosecution against his co-accused. Objection has also been raised against the prayer for bail of the petitioner without the perusal of the Case Diary. 10. I have considered the submissions at the Bar with circumspection. 11. I have considered the submission that the petitioner has undergone thorough investigation during the police remand period. I have also considered the submission that the petitioner is the father of 2 children and they will suffer immensely if he is behind bars. 12. In view of the foregoing discussions and considering the entire aspect of the matter, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. Page No.# 4/4 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Elaka Magistrate under the condition that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation. 13. On breach of the bail condition, the Court is at liberty to cancel the bail granted to the petitioner. 14. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant