Page No.# 1/4 GAHC010092282025 2025:GAU-AS:5523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1407/2025 AKHTAR HUSSAIN @ CHINTU ALI AND ANR S/O ISLAM UDDIN VILL- KALITAKUCHI, P.S. HAJO DIST. KAMRUP, ASSAM PN-781102 2: CHINTU AHMED @ CHINTU ALI S/O LATE BHOINUR ALI VILL- KALITAKUCHI P.S. HAJO DIST. KAMRUP ASSAM PIN-78110 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,P. GHOSH,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 05.05.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A. M. Ahmed, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot in connection with Sessions Case No. 80/2024 arising out of the Nalbari P. S. case No. 228/2024, registered under Sections 109/118(1)/126(2)/3(5) of BNS, which is pending before the Court of learned Sessions Judge, Nalbari. 3. It is submitted by Mr. Choudhury, learned Senior Counsel, that the earlier bail application of the present petitioners was rejected by this Court on 10.04.2025 in Bail Application No. 546/2025 after perusal of the case record. However, a co-accused was granted bail on 27.01.2025 after consideration of the case record and the case diary. He further submits that the present application is a subsequent bail application, filed solely on the ground that since 27.01.2025, there has been no change in the status of the case, which is still at the stage of evidence; yet, no evidence has been recorded by the prosecution to date. The present accused/petitioner Nos. 1 and 2 have been in custody for 267 and 251 days, respectively, and hence, their further detention may not be required for the disposal of the case. However, as the petitioners are permanent residents of the address mentioned in the petition, they are ready and willing to appear before the learned Trial Court on each and every date fixed, if granted Page No.# 3/4 the privilege of bail. 4. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, submitted that the earlier bail application was rejected upon perusal of the case diary and, accordingly, at this stage, he insists on calling for the updated case diary along with the case record. 5. Having heard the submissions made by the learned counsels for both sides and upon perusal of the case record and the annexures annexed to the petition, it is an admitted fact that the bail application of the accused/petitioners was earlier rejected by this Court on 10.04.2025 after perusal of the case diary, wherein it was noted that the accused/petitioners were the main executors of the alleged crime. However, till date, no evidence has been recorded by the prosecution. Considering all aspects of the case, including the fact that a co- accused has already been granted bail, I find that further custodial detention of the accused/petitioners does not appear to be necessary at this stage. 6. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) only each with one surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari, the accused/petitioners, namely, Akhtar Hussain @ Chintu Ali and Chintu Ahmed @ Chintu Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioners shall appear before the learned Sessions Judge, Nalbari, as and when the date is fixed; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat 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 Page No.# 4/4 (iii) that the petitioners shall not leave the jurisdiction of the learned Sessions Judge, Nalbari, without prior permission. 7. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant