Page No.# 1/3 GAHC010128972026 2026:GAU-AS:9074 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1698/2026 AZIZUL KHAN AND ANR SON OF JULHASH KHAN,RESIDENT OF VILLAGE TARABARI CHAR BOHORI,P.S. TARABARI, DISTRICT BARPETA, ASSAM. 2: NAZRUL KHAN SON OF LATE MAFZEL KHAN RESIDENT OF SUHA BIL DALONI NEAR SILA BAZAR P.S. BARPETA DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, N PERVIN,MR. MUSTAFA HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 23-06-2026 Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor appearing for the State Page No.# 2/3 respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail for the accused/petitioners, 1. Azizul Khan and 2. Nazrul Khan, in connection with Dispur P.S. Case No. 389/2026 registered under Section 14 of the Game & Betting Act, 1970. 3. It is submitted by the learned counsel for the petitioners that the present petitioners are not connected with the present offence, rather they were only present at the place of occurrence. However, when the Police reached the place of occurrence, all the persons, who were involved with the offence fled away and thus the present petitioners got arrested. Considering the fact that the present petitioners have been in custody for 8 (eight) days, they may be allowed to go on bail. The petitioners’ counsel has also referred to orders of similar nature passed by co-ordinate Bench of this Court, where the petitioners involved therein were granted bail after 6 or 7 days in custody. 4. The learned Additional Public Prosecutor raises objection and submits that from the forwarding report itself, it is seen that the present accused/petitioners were not only arrested due to their presence at the place of occurrence but they are associated with organizing such games and betting in various places and therefore, their custodial interrogation is required for investigation. He further submits that some tickets, mobile phones, etc were also recovered from the possession of the petitioners. 5. Considering the submissions made by the learned counsels for the parties and the fact that mobile phones, etc have already been seized from the petitioners and also taking into account the orders of similar nature placed Page No.# 3/3 before this Court by the learned counsel for the petitioners, this Court is of the opinion that it is a fit case to grant bail to the petitioners. 6. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- each only with one surety each of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioners, be enlarged on bail, subject to the following conditions:- (i) 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 them from disclosing such facts to the Court or to any police officer, (ii) that the petitioners shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission, 7. The Bail Application stands disposed of. JUDGE Comparing Assistant