Page No.# 1/4 GAHC010130022025 2025:GAU-AS:10153 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1961/2025 MIR HUSSAIN S/O LATE MAHAMMAD ALI R/O VILL- TAMUKBARI P.S. BAGRIBARI DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY ITS PP, ASSAM Advocate for the Petitioner : MD. A H LASKAR, MR. A T H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 05.08.2025. Heard Mr. A.H. Laskar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of Page No.# 2/4 bail to the accused petitioner, who has been arrested in connection with Kazigaon P.S. Case No. 55/2015, under Section 395/506 of the Indian Penal Code. It is submitted by Mr. A.H. Laskar, learned counsel for the petitioner that the present petitioner is innocent and he has not committed any such offence as alleged. During investigation, he also cooperated with the I.O. and there is no material collected against the present petitioner. However, after releasing on bail, he could not contact with his engaged counsel and thereafter, on the basis of the NBW issued against him, he was arrested. But subsequently he was also released on bail but again arrested on 11.03.2025 and since then he is in custody and shown arrested in connection with PRC Case No.10/2019. Thus, the petitioner is in custody for almost five months and hence, considering his length of detention, he may be released on bail. The case is at the stage of evidence and 11 (eleven) witnesses have already been examined and considering all these aspects of the case, he may be released on bail. However, he is ready and willing to appear before the learned Trial Court, on each and every date fixed by the Court, if he is provided with the privilege of bail. Mr. B. Sarma, learned Additional Public Prosecutor, Assam submitted in this regard that the accused petitioner was earlier on bail at the time of investigation but after filing of the charge sheet, he again absconded and after several efforts made by the learned Trial Court below, he was arrested in connection with the present case but subsequently he again absconded. However, he was subsequently arrested in connection with another case on the basis of warrant Page No.# 3/4 issued against him and then making a supplementary case record, the case was committed before the learned Sessions Judge. Mr. Sarma further submitted that in spite of several efforts made by the learned trial Court, the attendance of the accused could not be procured and hence, finding no alternative, the learned trial Court below had to issue the NBWA against him and considering the report of the executing officer, his case was filed and split up and thereafter, the case was committed to the learned Sessions Judge. Therefore, considering the entire conduct of the accused petitioner, there is every probability of absconding if he is granted with the privilege of bail. Mr. Sarma, learned Additional Public Prosecutor, Assam accordingly, raise vehement objection in allowing the petitioner on bail at this stage. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and the scanned copy of the Trial Court Record, wherefrom it is revealed that the present accused petitioner was earlier granted bail before filing of the charge sheet but after filing of the charge sheet, he remained absent and on the strength of the NBWA, he was arrested in 2020. Thereafter, the petitioner was allowed to go on bail vide order dated 22.06.2020 but since then, he again absconded and finding no other alternative, the P&A and NBWA was arrested against him and he was declared as a proclaimed offender and the case was split up for other accused persons. It is also revealed that he has not only implicated in the present case but two other cases are also pending against him and on the basis of the warrant issued against him in connection with PRC Case No.10/2019, he got arrested and then, he was shown arrested in this case. Page No.# 4/4 So considering the entire conduct of the petitioner, the submission made by the learned Additional Public Prosecutor, Assam, the probability of absconding the accused petitioner cannot be denied at this stage. In view of all and considering the efforts made by the learned Trial Court, I do not find it to be justified to allow the petitioner to go on bail at this stage and accordingly, the bail petition stands rejected. JUDGE Comparing Assistant