Page No.# 1/3 GAHC010070552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1022/2025 MD MUKTAR ALI S/O- MD. ABDUL AJIT , R/O- VILLAGE NO-4 BASHBARI, P.O- KATAHJAR, P.S- GABARDHAN, DIST- BTAD ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : R L CHUTIA, MR B DEORI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.04.2025 1. Heard learned counsel Mr. B. K. Gogoi on behalf of learned counsel Mr. R. L. Chutia for the petitioner Md. Muktar Ali. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 02.09.2024 in connection Page No.# 2/3 with Sessions Case No. 71/2024 arising out of Dhemaji Police Station Case No. 159/2024 under Sections 96/143/3(5) of the BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. 4. Charge-sheet has been laid against the petitioner under Sections 96/143/3(5) of the BNS and charges have also been framed under the aforementioned sections of law. The petitioner is facing trial. 5. It is submitted on behalf of the petitioner that the statement of the victim has already been recorded and Annexure-7 is the statement of the victim. It is submitted that the prime-accused is Rashmi Deka Baruah and the petitioner was the driver of the vehicle which was apprehended by the police. The Forwarding Report is marked as Annexure-4 of the petition. It is further submitted that the grounds of arrest were not explained and Annexure-2 is the notice under Section 47 of the BNSS. It is submitted by the petitioner that the grounds of arrest were not explained to him in a language understood by the petitioner. 6. Learned Additional Public Prosecutor has raised objection against the petitioner’s prayer for bail. 7. I have considered the submission at the Bar with circumspection. The victim has already been examined. The petitioner has pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioner shall co-operate with the trial, Page No.# 3/3 (ii) The petitioner shall not exercise threats to the witnesses or to the victim, and (iii) The petitioner shall not jump the bail. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant