Page No.# 1/3 GAHC010134862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2019/2025 PRAKASH PRASAD S/O SRI BABULAL PRASAD VILL- ROYPARA, WARD NO. 3, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M CHOUDHURY, MR S DIFUSA,MR. D J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.06.2024 1. Heard Mr. M. Choudhury learned counsel for the petitioner Prakash Prasad. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 09.05.2025 in connection with Barpeta Road Police Station Case No. 44/2025 under Sections Page No.# 2/3 331(4)/305(a)/123 & 317(2) of the BNS corresponding to GR Case No. 489/2025. 3. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State. 4. Learned Additional Public Prosecutor has raised serious objection stating that the Forwarding report clearly reveals that the petitioner has already melted the gold and silver ornaments and sold the melted gold and silver to some customers. 5. The allegation against the petitioner is that he is the receiver of the stolen property which was stolen from the informant's house by the co-accused after breaking into the informant's house at night. 6. The Trial Court's order and the order of the learned Sessions Judge rejecting the petitioner's prayer clearly reflects that the petitioner's wife is pregnant. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Barpeta, under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Page No.# 3/3 Investigating Officer every fortnight till completion of investigation, (iii) The petitioner shall not temper with the evidence, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. 10. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 11. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant