Page No.# 1/3 GAHC010119022025 2025:GAU-AS:8555 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1832/2025 SAFAR ALI @ BILLAL @ SEFOR BILLAL ALI S/O- HUSSAIN ALI, VILLAGE -2 NO. KANDHBARI, P.S.-MUKALMUA, DIST.-NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. A T SARKAR, MR. S. SAHA,S R DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 25.06.2025 1. Heard Mr. A. T. Sarkar, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail by the accused/petitioner namely, Safar Ali @ Billal Page No.# 2/3 @ Sefor Billal Ali, who was arrested on 27.08.2024 in connection with Mukalmua Police Station Case No. 136/2024 registered under Section 120B/302 of IPC. 3. In the meantime, the investigating authority has submitted the charge sheet and the petitioner is facing trial in Sessions Case No. 73/2024 under Section 120B/302/323/324/325/326 of IPC pending before the learned Sessions Judge, Nalbari. 4. The petitioner earlier approached twice seeking anticipatory bail by filing AB No.1491/2024 and AB No. 1830/2024, which were rejected by this Court under its order(s) dated 02.07.2024 and 16.09.2024 respectively (AB No. 1830/24 was closed being infructuous). 5. Mr. Sarkar, learned counsel for the petitioner submits that the petitioner has been languishing in jail since 27.08.2024. The learned counsel for the petitioner further submits that since the investigating authority has already submitted the charge sheet against the petitioner under Section 120B/302/323/324/325/326 of IPC, and the accused/petitioner is facing trial before the learned Sessions Judge, Nalbari and the case is pending at evidence stage for long and the accused/petitioner has cooperating with the trial, the petitioner may be released on bail. The learned counsel for the petitioner also submits that all the other co- accused along with the prime accused have already been granted bail during the pendency of the trial by this Court. 6. Perused the scanned copies of the record. 7. It is seen that, presently, the case is pending at the evidence stage. This Court has also considered that all the co-accused including the prime accused have been granted bail during pendency of the trial. Page No.# 3/3 8. Considering the entire facts and circumstances including the stage of trial, period of detention in jail, grant of bail to the co-accused, and the materials so far collected and also taking note of possibility of the petitioners hampering or tampering with the evidence, this Court is of the considered view that further detention of the petitioner may not be justified during the trial. 9. Accordingly, it is provided that the petitioner named above shall be released on bail, in connection with the above noted case, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of learned Sessions Judge, Nalbari, subject to the following conditions that:- I. The accused petitioner shall cooperate with the trial and shall not unnecessarily delay the trial; II. The accused petitioner 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 him from disclosing such facts to the Court; III. The petitioner shall not leave the jurisdiction of learned Sessions Judge, Nalbari, without due permission from him/her. IV. The learned Sessions Judge, Nalbari shall be at liberty to add any other condition as it may think and proper. 10. The bail application stands disposed of. JUDGE Comparing Assistant