Page No.# 1/4 GAHC010138182025 2025:GAU-AS:9330 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2140/2025 MILON UDDIN LASKAR SON OF SIRAJ UDDIN LASKAR @ SIRAJ ALI LASKAR R/O VILL- RAMNAGAR PART- IV, P.S. SONAI, DIST. CACHAR, ASSAM, PIN- 788119. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. K L R YANTHAN,MS A DAS,MS. S. CHANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.07.2025 Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 483 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Sonai P.S. Case No. 213/2021, under Sections 325/302/34 of the Indian Penal Code, corresponding to G.R. Case No. 4428/2021. Scanned copy of the Trial Court Record has already been received and I have perused the same. It is submitted by Mr. Biswas, learned counsel or the petitioner, that the present accused/petitioner was earlier granted bail by the learned Session Judge before filing of the charge-sheet. However, subsequently, after filing of the charge-sheet, though he was represented by his engaged counsel on several occasion after receiving summons from the Court, the learned Session Judge had issued NBWA against him considering his long absence. But, during that period, he was arrested in connection with another case and thereafter was shown arrested in connection with the present case on 13.12.2024 and since then, he is behind the bar. Charge has already been framed in this case and 2 (two) witnesses are already examined including the informant/victim of this case. Thus, he submitted that considering the length of detention already undergone by the present petitioner, his bail prayer may be considered. However, he being the permanent resident of his addressed locality will regularly appear before the learned Trial Court as and when the date is fixed and will contest the trial. Mr. Sharma, learned Additional Public Prosecutor, submitted in this regard that it is a fact that the petitioner was earlier granted bail by the learned Page No.# 3/4 Session Judge, but after filing of the charge-sheet, he remain absent for a considerable period and considering his conduct only, the learned Session Judge had issued NBWA as well as P&A against him and subsequently declared as proclaimed offender by the learned Trial Court. However, during that period, he was arrested in connection with another NDPS case and was shown arrest in the present case on 13.12.2024. More so, he submitted that some of the vital witnesses are yet to be examined by the prosecution and hence, considering the conduct of the present accused/petitioner, his prayer for bail may not be considered at this stage. In that context, Mr. Biswas, learned counsel for the petitioner, submitted that the present petitioner was earlier appearing before the learned Trial Court through his engaged counsel, though he personally did not appear and considering his long absence only, the learned Session Judge had issued NBWA against him. But, at present, the petitioner is ready and willing to contest the case by appearing on each and every date to be fixed by the Court. Considering the submissions made by the learned counsel for both sides and also considering the entire facts and circumstances of this case, vis-à-vis the period of detention already undergone by the accused/petitioner, I find it a fit case to extend the privilege of bail to the present accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Session Judge, Cachar, Silchar, the accused/petitioner, Page No.# 4/4 namely, Milon Uddin Laskar, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the 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 or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Session Judge, Cachar, Silchar, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant