Page No.# 1/3 GAHC010126382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1940/2025 ABDUL SK @ ABDUL ALIM SHEIKH S/O- MD. SATTAR SK, R/O- AIRONJONGLA PT III, PS- DHUBRI, DISTRICT- DHUBRI, ASSAM, PIN -783323 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS P BARMAN, MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.06.2025 1. Heard Mr. A. Thakur, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special Case No.47/2018, arising out of Dhubri Page No.# 2/3 P. S. Case No.691/2016, pending in the Court of the learned Special Judge Cum Additional District and Sessions Judge, Dhubri. 3. The petitioner was facing trial before the Court below, thereafter he defaulted in appearance on some dates. On 18.02.2025, he voluntarily appeared and by filing a petition showing the cause of his absence on the previous occasions, but the Trial Court did not agree with the petitioner and remanded him to custody. 4. It has been submitted that there were other accused persons also, who are yet to appear, the petitioner has already completed 115 days detention in custody. 5. Mr. Das, learned Additional Public Prosecutor has objected to this bail prayer on the ground that the conduct of the petitioner was not good and that is why he remanded to custody. 6. I have considered the submission made by learned counsel for both the sides. 7. Since the petitioner had voluntarily appeared before the Trial Court, this Court is of the opinion the he does not deserve to be detained in custody for any further period of time. 8. Therefore, the bail application of the petitioner is allowed. 9. The petitioner Abdul SK @ Abdul Alim Sheikh, who is facing trial in in respect of Special Case No.47/2018, arising out of Dhubri P. S. Case No.691/2016, pending in the Court of the learned Special Judge Cum Additional District and Sessions Judge, Dhubri shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge Cum Additional District and Sessions Judge, Page No.# 3/3 Dhubri, Assam. 10. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear before the Trial court without showing satisfactory reasons, the Court shall have to liberty to procure his attendance in accordance with the procedure as laid down by law. 11. The bail application stands disposed of. JUDGE Comparing Assistant