Page No.# 1/4 GAHC010099342026 2026:GAU-AS:8864 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1334/2026 SRI KAMAL GUWALA AND ANR S/O- GULLA GUWALA, VILLAGE - FATAPUKHURI, P.S- RAIGANJ, DISTRICT- JAIPAIGURI, WEST BENGAL. 2: SRI MANU GUWALA ALIAS BISHAL GUWALA S/O- LATE SUNIL GUWALA ALIAS SIMMU GUWALA VILLAGE - FATAPUKHURI P.S- RAIGANJ DISTRICT- JAIPAIGURI WEST BENGA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 19-06-20 26 Heard Mr. S. Munir, learned counsel for the petitioners and Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Sri Kamal Guwala and (ii) Sri Manu Guwala @ Bishal Guwala in connection with Kalaigaon P.S. Case No. 53/2025 registered under Sections 303(2)/3(5) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Munir, learned counsel that the FIR of the case was lodged on 11.09.2025 and after about 8-9 months, the petitioners were arrested on 08.05.2026, on being identified from the CCTV footage. It was the allegation that Rs.6,00,000 was stolen from the scooty of the informant, however, the police could not trace out the petitioners and subsequently, they got arrested and in custody for the last 43 days. 5. Mr. Munir, learned counsel accordingly submitted that the petitioners are in custody since last 43 days and considering their length of detention, they may be released on bail. 6. However, the petitioners are still ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 7. Mr. Das, learned APP raised vehement objection and submitted that it is a Page No.# 3/4 fact that the FIR of the case was lodged on 11.09.2025, but thereafter no clue was found for the accused persons, but on 07.05.2026, when these two found loitering near a bank with a view to commit similar kind of offence, the informant could identify the petitioners and they were subsequently confirmed through CCTV footage that these two are the persons who were involved in the alleged offence. On the basis of the statement of these two petitioners, three others accused persons were also arrested in connection with this case and the case is at the very crucial stage of investigation, wherein the police is trying to nab the entire gang of the offence. 8. Further, he submitted that initially these two petitioners did not disclose their identity and there was difficulty on the part of the police to nab these two petitioners, but subsequently they got arrested and hence, he submitted that to nab the other persons or the gang the custodial interrogation of the present petitioners is very much essential for the purpose of investigation, who hails from other State, i.e., West Bengal. Thus, the probability of absconding of the petitioners is also cannot be denied at this stage. 9. Considering the submissions made by the learned counsel for the parties, considering the materials in the case diary and the submission made by the learned APP regarding involved of the present petitioners in the alleged offence, this Court is of the opinion that further custodial interrogation of the present petitioner may be necessary for the purpose of investigation of the case. 10. Accordingly, this bail application of the petitioners, (i) Sri Kamal Guwala and (ii) Sri Manu Guwala @ Bishal Guwala in connection with Kalaigaon P.S. Case No. 53/2025 registered under Sections 303(2)/3(5) of BNS, 2023 stands rejected. Page No.# 4/4 11. Return the case diary. JUDGE Comparing Assistant