Page No.# 1/3 GAHC010152272025 2025:GAU-AS:10779 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2252/2025 MD SAHIDUL RAHMAN ALIAS MAJU S/O KHALIL ALI R/O VILL- KATAHBARI, KABARSTHAN GOLI, P.O. GARCHUK, GUWAHATI- 35 P.S. GARCHUK DIST. KAMRUP(M), ASSAM PIN-781035 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN,MR. D M KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 13.08.2025. Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. Page No.# 2/3 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 bail to the accused petitioner, namely, Md. Sahidul Rahman @ Maju, who has been arrested on 07.04.2025, in connection with Sessions Case No.249/2022, arising out of Garchuk P.S. Case No. 83/2020 (Corresponding to G.R. No.1570/2020), under Section 306 of the IPC. The scanned copy of the TCR is received and perused the same. It is submitted by Mr. M.H. Ahmed, learned counsel for the petitioner that the present accused petitioner is innocent and he has not committed any such offence as alleged in the FIR. The wife (deceased) of the petitioner committed suicide but there is no evidence that there was any kind of abetment from the side of the accused petitioner. After receipt of the summons, he appeared before the learned Sessions Judge but thereafter he could not appear as he met with an accident and also could not contact with his engaged counsel. The accused petitioner was arrested on 07.04.2025 and since then, he is in custody. Thus, considering his length of detention, he may be released on bail. That apart, the case has already been charge sheeted and charge has already been framed against him under Section 306 of the IPC. However, the petitioner is ready and willing to contest the case by appearing in each and every date, fixed by the learned trial Court. Mr. B. Sarma, learned Additional Public Prosecutor, Assam raised objection and submitted that from the order passed by the learned Sessions Judge, Kamrup (M) at Guwahati in Sessions Case No.249/2022, dated 06.05.2025, it Page No.# 3/3 reveals that the case was committed to the learned Trial Court below on 29.10.2022 and initially on two occasions, steps were also taken for the petitioner but thereafter, he remained absent for long and on the strength of NBWA only, he was arrested on 07.04.2025 and immediately thereafter i.e. on 06.05.2025, the charge is framed and now the case is fixed for evidence. So considering the conduct of the accused petitioner, the probability of absconding of the accused petitioner cannot be denied at this stage. That apart, vital witnesses are yet to be recorded by the prosecution and hence, he raised objection and submitted that his bail prayer may not be allowed at this stage. Considering the submissions made by learned counsel for both sides and conduct of the accused petitioner, who was found to be absconded for about 2 ½ years and other aspects of the case, I find that it is not a fit case to allow the accused petitioner to go on bail at this stage, till the recording of evidence of some of the vital witnesses. Further, the probability of absconding to the accused petitioner also cannot be denied at this stage. In view of this, the present bail petition stands rejected. JUDGE Comparing Assistant