Page No.# 1/4 GAHC010079912025 2025:GAU-AS:5201 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1181/2025 RIJU BRATA BARUAH S/O- UPEN KUMAR BARUAH, R/O- H NO. 11, PUB SHIV NAGAR, NABA MILAN PUR, BORBARI, UDAYAN VIHAR, GUWAHATI- 781171, DIST- KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHRI BIJU MAJUMDAR S/O LATE PRAMOD MAJUMDAR R/OHOUSE NO. 363 JANAPATH FARM GATE KHANAPARA P.O. KHANAPARA P.S. DISPUR DIST. KAMRUP (METRO) ASSAM-78102 Advocate for the Petitioner : MR N RAY, N N HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 29.04.2025 Heard Mr. N. Ray, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for Page No.# 2/4 the State respondent. 2. This application is filed under Section 480 of BNSS, 2023, seeking grant of bail in connection with Complaint Case No.3961/2021 (N.I. Act) pending before the Court of learned Civil Judge (Junior Division) No.4 cum JMFC, Kamrup (M), Guwahati, arising out of alleged offence under the N.I. Act. 3. The brief facts of the case is that the petitioner, i.e. Riju Brata Baruah was unable to appear before the learned Court on 06.01.2025 and 10.02.2025, for which initially on 06.01.2025, a bailable warrant was issued against the petitioner and subsequently, on 10.02.2025, a non-bailable warrant was issued against the petitioner. That thereafter, a proclamation was issued against the petitioner on 18.03.2025. 4. Accordingly, on 06.04.2025, the petitioner was arrested from his own residence and was produced before the concerned Court on the same day. Thereafter, the petitioner moved a bail application before the learned Court of JMFC, Kamrup (M) on 07.04.2025, which was rejected. Accordingly, this bail application has been filed. 5. Mr. N. Ray, learned counsel appearing for the petitioner submits that the rejection order dated 07.04.2025 clearly records that the matter has been pending at the stage of statement of defence since 20.11.2024 and the petitioner’s absence had stalled proceedings. He further submits that it was due to financial reasons, the petitioner could not appear on the dates fixed by the trial Court for which NBWA was issued and the petitioner was arrested. He further submits that the petitioner is ready to remain present on all subsequent dates fixed Page No.# 3/4 by the trial Court. 6. Per contra, Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent submits that if the petitioner is ready and willing to be present before the trial Court on all subsequent dates of the case, the relief sought for in this application may be considered. 7. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 8. It appears that due to financial hardship, the petitioner went to his native place for availing some monitory help from his relatives and during such period he could not communicate with the engaged counsel for which he was unaware of the issuance of NBWA against him. It appears that the petitioner has given undertaking on oath to the effect to remain present on all subsequent dates of hearing before the trial Court. Paragraph 10 of the application is reproduced hereunder for ready reference:- “That the petitioner undertakes to remain present on all subsequent dates of hearing and not to tamper with evidence or influence witnesses. He is also willing to furnish adequate surety as directed by this Hon’ble Court.” 9. It further appears that the petitioner has no criminal record except the present case. It further appears that the petitioner is in custody since last 23 days. 10. Considering the totality of the facts and circumstances of the case, further detention of the petitioner is not necessary. Page No.# 4/4 11. Accordingly, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.10,000/- with one surety of like amount to the satisfaction of the learned JMFC, Kamrup (M), Guwahati. 12. The bail granted to the petitioner shall be subject to the following conditions:- i) The petitioner shall appear before learned JMFC, Kamrup (M), Guwahati on all subsequent dates without fail. ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled. Resultantly, the bail application stands disposed of. JUDGE Comparing Assistant