Page No.# 1/4 GAHC010143622025 2025:GAU-AS:9329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2136/2025 RAHUL ALI S/O BADSHA MIYA R/O VILL- MONAKOCHA P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, A R MONDAL,MR A HAWARI,MR. S U AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.07.2025 Heard Mr. S. U. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent. 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 Kalgachia P.S. Case No. 03/2025, under Sections 118(2)/109 of BNS. Scanned copy of the Trial Court Record has already been received and I have perused the same. It is submitted by Mr. Ahmed, learned counsel or the petitioner, that the present accused/petitioner got arrested in connection with this case on 30.01.2025 and for last 170 days, he is in custody. The case has already been charge-sheeted on 28.02.2025 and the charge has also been framed on 09.05.2025, but till date, no witnesses could be examined out of 9 (nine) numbers of cited witnesses. He further submitted that it is a fact that there was an altercation and quarrel took place between the accused/petitioner and the victim as the petitioner, who was driving the vehicle of the victim, was not given his salary for 4 (four) months by the victim. During the altercation, the victim tried to assault the accused/petitioner with a knife and out of anger, he also hit Page No.# 3/4 the victim with a knife and for which, she sustained injury. Further he submitted that the petitioner being the only bread earner of the family, his entire family is suffering due to his absence and hence, considering the length of detention already undergone by the accused/petitioner, he may be released on bail. He will regularly appear before the Court and will contest the trial if he is granted with the privilege of bail. Mr. Baishya, learned Additional Public Prosecutor, submitted in this regard that the victim sustained grievous injury due to attack by the present petitioner and the petitioner himself admitted the fact of assaulting the victim. He further submitted that the charge was framed only on 09.05.2025 and the summons were already been issued to the witnesses. However, the victim is not yet examined by the prosecution and hence, he raised objection and submitted that the prayer for bail may not be considered at this stage. Considering the submissions made by the learned counsel for both sides and also considering the entire aspects of the case and further considering the length of detention already undergone by the accused/petitioner, I am of the view that further custodial detention of the accused/petitioner may not be required for the purpose of trial of the case and hence, 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, Barpeta, the accused/petitioner, namely, Rahul Ali, be enlarged on bail, subject to the following conditions: Page No.# 4/4 (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, Barpeta, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant