Page No.# 1/3 GAHC010162962025 2025:GAU-AS:11937 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2412/2025 SHIBA MUSHAHARY S/O- RAJIB MUCHAHARY, R/O-VILL NO 2 ODLAGURI, P.S.- GOSSAIGAON, DIST-KOKRAJHAR, BTAD, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 03.09.2025 1. Heard Mr. P.K Das, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Sessions Case No. T2/137/2019 registered under Page No.# 2/3 Section 325/326/307 of IPC. 3. It is noticed that in the instant case, charge-sheet has been submitted and the trial is going on and that 8 PWs were already examined and the last witness was examined on 27.02.2025 and it is stated at the bar that the I/O is left to be examined by the Ld. Trial Court. 4. Mr. P.K Das, learned counsel for the petitioners submits that the petitioner was on bail previously but due to his non- appearance during the trial, NBWA was issued against him on 11.07.2022 and that the petitioner was absent since 18.03.2021 and it was also mentioned in the order dated 11.11.2024 by the Court of Ld. Additional Sessions Judge (FTC), Gossaigaon that the petitioner had surrendered and that the bailer expressed his inability to continue as a bailer on behalf of accused. It is, as such, seen that the conduct of the accused person is not presentable. Further, it is also seen that the trial has reached to its end. However, it is also submitted by Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam that the Court of Ld. Additional Sessions Judge (FTC), Gossaigaon is lying vacant. However, due to the fact that only the I/O is left to be examined and that the petitioner had jumped bail on the earlier occasions; this Court does not find it fit to release the petitioner on bail. 5. In view of the above, the petition stands dismissed. JUDGE Page No.# 3/3 Comparing Assistant