Page No.# 1/3 GAHC010073412025 2025:GAU-AS:5182 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1065/2025 MOFAZZEL HOQUE @ MD MOFAJJEL HOQUE S/O- NOWSHER ALI, R/O- VILL- SIMALKANDI DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SONTI DAS W/O BAKUL DAS R/O SALTARI MAJHIPARA P.S. SAPATGRAM P.O. SALTARI DHUBRI PIN-78333 Advocate for the Petitioner : MR H R A CHOUDHURY, A.ISLAM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.04.2025 1. Heard Mr. H.R.A. Choudhury, the learned Senior Counsel, assisted by Mr. I.U. Choudhury, the learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S. Nawaz, the learned Amicus Curiae, appearing for the respondent No. 2. 2. The learned Senior Counsel for the petitioner has submitted that the petitioner has been languishing behind the bars since last 44 days and considering the period of detention, his further custodial detention may not be necessary. Hence, he prays for allowing the petitioner to go on bail. 3. On the other hand, the learned Additional Public Prosecutor has submitted that in the meanwhile, after filing of this bail application, the charge sheet has already been laid against the present petitioner on 31.03.2025. 4. The learned Amicus Curiae, Mr. S. Nawaz also submits that as the charge sheet has been laid, the best Court to consider the bail application would be the Trial Court itself. 5. Considering the submissions made by the learned counsel for both the parties, as well as the period of detention undergone as well as the fact that the charge sheet has already been laid, this bail application is disposed of with an observation that the petitioner may approach the Trial Page No.# 3/3 Court and file regular bail application before the said Court, if so advised. If such an application is filed, the Trial Court shall consider the said application as per the provisions of law. JUDGE Comparing Assistant