Page No.# 1/3 GAHC010123422026 2026:GAU-AS:9123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1703/2026 MD SAMSUL HOQUE S/O- MD. JIGIR ALI, VILLAGE- PATHLIKUCHI, P.O.-GAJIA, P.S- BARPETA, DIST-BARPETA, ASSAM PIN-781308 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. N NASRIN, MR A ALIM SK,MR J ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-06-2026 Heard Mr. J Islam, the learned counsel for the petitioner. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.06.2026 in connection with Gorchuk P.S. Case No. 127/2026 u/s 303(2) of BNS Act. 3. It is submitted by Mr. Islam, the learned counsel for the petitioner that the present accused/petitioner is innocent and he is no way involved in the alleged offence. However, it is a fact that as per instruction of the arrested co-accused, he was taking some batteries and other articles in his e-rickshaw when he was caught and from his possession those batteries and other articles were recovered. But, he was not aware as to whether the batteries which he was carrying was a stolen one and being a e-rickshaw driver he was simply doing his duty. However, the petitioner is in custody since last 17 days and considering his length of detention, he may be released on bail. 4. Mr. Baruah, the learned Additional Public Prosecutor raised objection and submitted that from the Forwarding Report itself it is seen that the entire stolen articles were recovered from his e-rickshaw and thus he is fully involved in the alleged offence and accordingly he insisted to call for the Case Diary. 5. Considering the submissions made by learned counsels for both sides, all other aspects of the case, vis-à-vis the length of detention already undergone by the accused/petitioner, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Md. Samsul Hoque, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by Page No.# 3/3 the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant