Page No.# 1/4 GAHC010145312025 2025:GAU-AS:9815 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2162/2025 PRIG BRAHMA @ DABLA S/o- REEPINI BRAHMA, R/O- BRAHMMAPARA, P.S.- BISHMURI, DIST.-KOKRAJHAR,BTAD, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR P K DAS, L. SARKAR,MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 30.07.2025 1. Heard Mr. P.K. Das, the learned counsel appearing for the petitioner. Also heard Mr. K.K.Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Prig Brahma @ Dabla, who has been detained behind the bars since 16.01.2025 (for the last 195 days) in connection with Sessions Case No. T2/35/2025, corresponding to Gossaigaon P.S. Case No. 152/2015 under Sections 25(1-B)(a) of the Arms Act, read with Sections 4/5 of the Explosive Substances Act, 1908. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial before the Court of the learned Additional Sessions Judge (FTC), Circuit Court, Gossaigaon for offences as referred to herein before. 4. He submits that in the year 2023, i.e. on 13.02.2023, the petitioner was granted bail by the Trial Court. However, as the attendance of one of the co-accused persons could not be procured in the trial, the trial did not proceed and the petitioner defaulted in appearing before the Trial Court. 5. The learned counsel appearing for the petitioner submits that the Trial Court issued non-bailable warrant of arrest as well as proclaimed him as an absconder and issued orders for attachment of his properties and in pursuant to the non-bailable warrant of arrest, he was again arrested on 6th January, 2025. 6. The learned counsel appearing for the petitioner submits that the Trial Court is presently vacant as no Presiding Officer has been posted therein for the last 4(four) months. He submits that the petitioner is the inhabitant of Kokrajhar District and he is ready to face the trial and he may be allowed to go on bail with any condition which is deem fit by this Court. 7. On the other hand, the learned Additional Public Prosecutor Mr. K.K. Parasar opposed the grant of bail on the ground that the conduct of the petitioner does not justify granting bail once he has jumped bail which was granted to him by the Trial Court. 8. I have considered the submissions made by the learned counsel for Page No.# 3/4 both sides. It appears from the records that once the petitioner was granted bail by the Trial Court, however, thereafter, the trial did not proceed due to absence of the co-accused. It also appears that the case of the petitioner was split up from the case of the absconding accused. 9. It also appears that presently no Presiding Officer has been posted in the Court where the trial of the present petitioner is pending. 10. Considering the above circumstances, this Court is of the considered opinion that if the petitioner appears regularly before the Trial Court and co- operates in the trial, his custodial detention may not be necessary. 11. In view of the above, the above-named petitioner is allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Sessions Judge, Kokrajhar with following conditions that:- i. the petitioner shall cooperate in the trial of the Sessions Case No. T2/35/2025, corresponding to Gossaigaon P.S. Case No. 152/2015 which is pending in the Court of the learned Additional Sessions Judge (FTC), Circuit Court, Gossaigaon. ii. the petitioner shall appear before the Trial Court in Sessions Case No. T2/35/2025, corresponding to Gossaigaon P.S. Case No. 152/2015 as and when so required. iii. the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; Page No.# 4/4 iv. the petitioner shall not leave the jurisdiction of the Court of learned Sessions Judge, Kokrajhar without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and v. the petitioner shall not commit any offence while on bail. 12. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant