Page No.# 1/4 GAHC010052152026 2026:GAU-AS:3897 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./736/2026 MOYNAL HOQUE S/O SALAM MIAH @ SALAM ALI R/O SATRA KANARA P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MR. I U CHOWDHURY,MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-03-2026 Heard Mr. S. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 BNSS, praying for grant of bail to the petitioner, namely, Moynal Hoque, who was arrested in connection with Dispur P.S. Case No. 72/2026 registered under Section 304(2) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Das, learned counsel that the petitioner is innocent and he is no way connected with the alleged offence. More so, the FIR is lodged with the allegation that someone has snatched the gold chain of the informant and accordingly the case is also registered under Section 304(2) BNS. The present petitioner is a jewelry shop owner and police visited to his shop and seized all the gold and silver ornaments including cash amount, which is not at all the subject matter of the present case. 5. For the argument’s sake even if the accused petitioner is receiving the stolen property, but in that case the I.O. had not made any prayer for adding other proper section under which could be booked in this case. 6. However, the petitioner is in custody since last 29 days and all the ornaments from the shop of the petitioner has already been seized by police and hence, further custodial interrogation of the petitioner is not at all necessary in the present case. 7. However, the present petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail. Page No.# 3/4 8. Mr. Borthakur, learned APP submitted in this regard that it is a fact that the petitioner is a jewelry shop owner, wherefrom some gold and silver ornaments including cash amount has been recovered by police. The prime accused of this case is also admitted that he used to sell the stolen articles to the jewelry shop of the petitioner. However, till date, the I.O. did not make any prayer for adding of the other Sections, but the said defect is a curable one and prayer may be made by the I.O. at any stage of investigation. 9. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary and it is seen that the accused petitioner is a jewelry shop owner, wherefrom all the gold and silver jewelry ornaments including some cash amount has already been seized by police. At the same time it is also an admitted fact that till date except Section 304(2) BNS, under which the case is registered, no other Sections is added and no prayer has been made by the I.O. for adding any Sections. However, considering the length of detention already undergone by the petitioner, vis- à-vis the recovery of the gold ornaments, I find that further custodial interrogation/detention of the petitioner may not be required for the purpose of investigation of the case and as such I find it a fit case to extend the privilege of bail to the petitioner. 10. Accordingly, the accused/petitioner, namely, Moynal Hoque, be released on bail in connection with Dispur P.S. Case No. 72/2026 registered under Section 304(2) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, 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 and Page No.# 4/4 (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