Page No.# 1/4 GAHC010121102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1867/2025 PALLAB JYOTI CHETIA ALIAS PAPU S/O HIRUJ CHETIA R/O NA-MOTAPUNG P.O. BORGAON, P.S. BAREKURI DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 04.08.2025 1. Heard Mr. B.K. Das, learned counsel for the petitioner. Also heard Mr. K.K. Baishya, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been Page No.# 2/4 filed by the petitioner, namely, 1. Pallab Jyoti Chetia @ Papu, has prayed for grant of bail in connection with Pengaree P.S Case No. 02/2025 registered under Sections 310(2)/61(2) of BNS, 2023, corresponding to G.R. Case No.44/2025 (PRC 64/2025). 3. The case arose out of an ejahar dated 27.01.2025, with the allegations that five unidentified youths with masks cover faces committed robbery/dacoity at Maa Petrol Pump Agency situated at Pengaree after coming in a Hyundai Venue vehicle and looted more than Rs.1,00,000/-. 4. The present accused was arrested on 29.01.2025 and presently in judicial custody. The investigation has been completed in the case as revealed by the copy of the charge-sheet annexed which is also confirmed by Mr. K.K. Baishya, learned Additional Public Prosecutor for the State. 5. The learned Additional Public Prosecutor for the State opposes the bail at this stage and also submitting that though scanned trial court record has been received but it is up to 11.06.2025. 6. It is further submitted by learned Additional Public Prosecutor for the State that the investigation resulting in the charge-sheet contains sufficient incriminating materials against the accused person. 7. It is pointed out by the learned counsel for the petitioner from the charge-sheet that the vehicle which was allegedly used in Page No.# 3/4 the criminal act has been recovered and given in zimma. It is revealed that the charge-sheet has been filed by four accused persons including the present accused who is in custody and that the other three have been indicated as absconders in the charge-sheet. 8. The case is at the stage of appearance before the learned Court of SDJM, Margherita. 9. The petitioner’s counsel submits that the apprehension of the absconding accused is an uncertain fact over which he has no control and if his bail is made contingent upon it, he would continue to languish due to that uncertainty. 10. Considering the length of detention and the fact that the case is poised for commencement of trial - I am of the considered opinion that subject to suitable conditions, the accused should be granted bail at this stage. 11. Accordingly, the above-named accused is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall be available for the remaining trial; (ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; Page No.# 4/4 (iii) That the accused shall not commit any offence while on bail. (iv) That the accused shall not hamper or tamper any evidence. 12. Violation of bail conditions might entail cancellation of the bail. 13. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant