Page No.# 1/4 GAHC010074602025 2025:GAU-AS:4377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1075/2025 NURUDDIN KHAN S/O. LT. RABI KHAN, R/O. VILL.- BHAWKAMARI, P/S. AND DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, MR. N J DUTTA,IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08-04-2025 Heard Mr. N.J. Dutta, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 praying for granting regular bail to the accused/petitioner who was arrested on 29.01.2025 in connection with Simla Police Station Case No. 89/2024, under Sections 303(2)/318(4)/111(2)/111(4) of the Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by Mr. Dutta, the learned counsel for the petitioner that earlier one bail application was filed before this Court, which was registered as Bail Application No. 798 of 2025 and date was fixed for the said bail application was 28.03.2025. It is submitted by Additional Public Prosecutor that case has already been charge-sheeted vide Charge-Sheet No. 11/2025 dated 22.03.2025. Accordingly, this Court directed the present petitioner to appear before the learned Trial Court below and to pray for the regular bail. In pursuant to the said direction the petitioner approached before the learned Trial Court below on 29.03.2025. But, the learned Trial Court below has observed that investigation is still under process and hence releasing the accused-person at this stage may jeopardise the investigation. Thus, accordingly it is submitted by Mr. Dutta that on the day when bail application was moved before the learned Court below on 29.03.2025, the charge-sheet was not presented before the learned Trial Court below by the concerned Investigating Officer or by the office. 4. He further submitted that on 29.03.2025 the accused has completed his 60 days period of custody and as on today he is in custody since last 70 days and accordingly considering his length of detention and other aspects of the case, he may be released on bail. 5. Mr. Dutta further relied on the decision of the co-ordinate bench of this Court passed in Bail Application No. 1958/2022 wherein it is observed that for sufficient compliance of Section 173(2) the charge-sheet shall be placed before the Court of competent jurisdiction to put initials in the charge-sheet as well as Page No.# 3/4 in the Register maintained with date and seal of the Court of Magistrate. But, here in the instant case, it is very much evident that when the bail petition was moved before the learned Trial Court below, the charge-sheet was not presented before the learned Trail Court below and it was the observation of the Court that the case is still under investigation. 6. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that he made an enquiry in this regard and it is intimated by the Investigating Officer that charge-sheet has already been laid on 22.03.2025 by the Investigating Officer being Charge Sheet No. 11/2025. 7. Hearing the submissions made by learned counsel for both sides, it is seen that on the day when order for bail was passed on 29.03.2025 the charge-sheet was not before the learned Trial Court below and it was under the impression that case is still under investigation and on the day of passing the order i.e. on 29.03.2025 the accused had already been in custody for 60 days which is a statutory period of the present case. 8. In view of entire discussions made above and considering the length of detention already undergone by the accused, without further discussion on the merit of the case, the present petitioner is hereby allowed to go on bail. 9. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned SDJM, Baksa. The accused/petitioner, namely Nuruddin Khan, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any Page No.# 4/4 inducement, threaten 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned SDJM, Baksa without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant