Page No.# 1/3 GAHC010115712025 2025:GAU-AS:7343 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1774/2025 JHANTU SAHA ALIAS RAJ S/O LATE SAMIR SAHA R/O LOKHRA ROAD PAHARTOLI NEAR DAS PETROL PUMP, BINOVA NAGAR, GMC KAMRUP, P.S. FATASIL AMBARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MD IMRAN,MD R ISLAM,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.06.2025 1. Heard Mr. S.M.Abdullah P, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Page No.# 2/3 appearing for the State of Assam, who submits that the Case Diary is not available, though requisition for the same was sent from the Office of the Public Prosecutor. 2. The learned counsel for the petitioner has submitted that the petitioner has already been detained behind the bars for the last 58 days and one of the co-accused namely, Bijesh Singha has already been granted bail by this Court. 3. He submits that on the same ground, considering the period of detention, the petitioner, namely, Jhantu Saha @Raj may be allowed to go on bail. He also submits that the petitioner is ready to co-operate in the investigation. 4. I have considered the submissions made by the learned counsel for both sides. As the Case Diary has not been produced by the prosecution side without any valid justification and 3(three) other co- accused, who were arrested, along with the petitioner against whom same accusations were levelled had already been granted bail, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation. 5. Hence, the petitioner, namely, Jhantu Saha @Raj, in connection with Murajhar P.S. Case No.49/2025, under Sections 316(5)/318(4) is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Hojai with following conditions that:- Page No.# 3/3 (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 6. This bail application is accordingly disposed of. JUDGE Comparing Assistant