Page No.# 1/3 GAHC010104662026 2026:GAU-AS:7403 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1389/2026 MD RAHIM BADSAH S/O ISMILE ALI,R/O 9TH MILE, HASTHINAPUR, HOUSE NO. 52,P.S. BASISTHA, KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.05.2026 1. Heard learned Counsel Mr. A. Chaudhury and learned counsel Mr. M. Saikia for the petitioner Rahim Badsah who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind Bars since 20.05.2026 in connection Basistha PS Case No. 162/2026 under Sections 303 (2) of the BNS,2023. Page No.# 2/3 2. It is submitted on behalf of the petitioner that notice under Section 35 (3) was not issued to the petitioner on false grounds that he will escape. However, the petitioner is a local resident and he is not a flight risk. It is further submitted that petitioner is a father of two children, and his children will suffer immensely if he is behind bars. The petitioner has already been behind bars since 20.05.2026. 3. The learned Additional Public Prosecutor Mr. K. Baishya has raised objections stating that this bail petition cannot be considered without perusal of the Case diary. 4. I have considered the submissions at the bar with circumspection. 5. The allegation against the petitioner is that he had arranged vehicle for theft of two cows. It is also submitted on behalf of the petitioner that the petitioner is booked under a minor offence and the punishment extends only up to three years. 6. Considering the entire aspect of the matter, the prayer for bail of the petitioner is allowed. 7. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.30,000/- ( Rupees Thirty Thousand only) with one local surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions: i) The petitioner shall refrain from such activities of which he is alleged; ii) The petitioner shall co-operate in the investigation as Page No.# 3/3 and when required till completion of the investigation. 8. On breach of any of the above conditions, learned trial court is at liberty to cancel bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant