Page No.# 1/3 GAHC010115662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1797/2025 SRI KRISHNA SHILL SON OF LATE SHYAMAL SHILL, RESIDENT OF VILLAGE PALLIRTOL, JOGIGHOPA, BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MR. N UDDIN,MR. S M RAHMAN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.06.2025 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M.I. Hussain, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Krishna Shill, who has been languishing in jail hazot since 09.03.2023, in connection Page No.# 2/3 with Sessions Case No. 27(J)/2023, corresponding to Jogighopa P.S. Case No. 94/2023 under Section 302 of the IPC pending before the court of learned Additional District & Sessions Judge (FTC), North Salmara, Abhayapuri, for grant of bail. 3. It is to be noted here that order dated 19.06.2025, the learned counsel for the accused was directed to file an affidavit stating the facts under which an application, being Application No. 1436/2025, was preferred by the LADC, Abhayapuri along with false affidavit that no bail application is pending before any superior court, while the present petition is pending before this court. Accordingly, Mr. Hussain, learned counsel for the accused filed an affidavit today indicating that the mother of the accused was not aware of about filing of the application by the LADC before the learned trial court. 4. Under such circumstances, this court is inclined to direct the learned trial court to conduct an inquiry in respect of filing of the bail application No. 1436/2025 along with false affidavit by LADC, Abhayapuri before it on 02.06.2025 and stood rejected on the said date and the result of such inquiry shall be communicated to the registry of this court within a period of one week from today. 5. Mr. Choudhury, learned senior counsel appearing for the accused submits that this application is preferred on the ground that while causing arrest of the accused, the arresting authority had not communicated the ground of arrest to the accused as held by Hon’ble Supreme Court in the case of Vihaan Kumar vs. State of Haryana and Another, reported in 2025 SCC OnLine Sc 269. Mr. Choudhury further submits that the aforesaid sessions case is pending at the stage of evidence and out of 15 witnesses, 10 witnesses Page No.# 3/3 have been examined so far by the learned trial court. 6. Be that as it may, this court is inclined to dispose of this petition by granting liberty to the accused to approach the learned trial court again by filing a fresh bail application and on such application being filed the learned trial court shall consider the same in accordance with law keeping in mind about the principle laid down in the case of Vihaan Kumar (Supra). JUDGE Comparing Assistant