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2025 DAILYLAW 13324 (GAU)

AMAL KUMAR DAS v. THE STATE OF ASSAM

Bail Appln./1813/2025 · 2025-06-01

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010115122025 2025:GAU-AS:7096 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1813/2025 AMAL KUMAR DAS S/O LATE BIPIN CHANDRA DAS, RESIDENT OF VILLAGE BADURAI, PS SILCHAR, DIST CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MD R ISLAM,MR. R BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2025 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Amal Kumar Das, who is facing trial in Sessions Case No.164/2016, pending in the Court of the learned Sessions Judge, Nalbari prayed for releasing him on bail. Page No.# 2/2 3. Earlier, the petitioner was on bail, thereafter he defaulted in appearance and therefore non-bailable warrant of arrest issued against the petitioner. It may be stated while he was absent in the Court, his lawyer cross-examine prosecution witnesses. 4. The petitioner has been in custody for last 7(seven) months. 5. This Court is of the opinion that under the given circumstances, the petitioner no longer deserves to be detained in custody. 6. The bail application of the petitioner is allowed. 7. The petitioner, Amal Kumar Das, shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari. 8. The petitioner shall regularly appear before the Trial Court on each and every date and if he fails to appear without showing satisfactory reasons, the Trial Court shall have the liberty to procure his attendance. 9. The bail application stands disposed of. JUDGE Comparing Assistant