Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010082062025
2025:GAU-AS:5667
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1235/2025 ASHRAFUL ISLAM S/O ABDUS SALAM VILL-HARAKATA USLIMPARA P.O. AND P.S. CHAPAR, DIST. DHUBRI, ASSAM PIN- 783371 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, A A AHMED,MR. A W MONDAL,MR K ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 08.05.2025
1. Heard Mr. M.U. Mondal, the learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam, who submits that though the Case Diary
Page No.# 2/3 was called for, however, in the meanwhile, charge sheet has already been laid bearing charge sheet No. 44/25 dated 26.04.2025.
2. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 49 days and he is studying in B.Sc Sixth Semester.
3. The said examination is scheduled to be held on 13.05.2025. He submits that though normally after laying of the charge sheet, the Trial Court is the best Court to grant the bail, however, as charge sheet has been submitted only on 26.04.2025, it is likelihood that some time will be required for the Trial Court for getting cognizance of the charge sheet and issuing the summons.
4. He submits that as the petitioner is detained behind the bars and it appears that, he shall be produced before the Trial Court only after the Trial Court issues directions for the same, however, his examinations are to be rescheduled to be held on 13.05.2025, and therefore, he prays for at least interim bail during the next week.
5. I have considered the submissions made by the learned counsel for both the sides. The Trial Court is the best Court to decide the prayer for bail at the first instance after laying of the charge sheet.
6. However, in the instant case, as the charge sheet has been laid only on 26.04.2025, sometime would be required for production of the petitioner before the Trial Court and if interim bail is not granted to him at this stage, it appears that his academic career may be jeopardized.
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7. In view of the above, the petitioner is allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount till 13th June, 2025 or till he appears before the Trial Court and prays for regular bail before the said Court whichever is earlier, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Amingaon).
8. With the above observations, this bail application is accordingly
disposed of.
JUDGE Comparing Assistant