Page No.# 1/4 GAHC010167422025 2025:GAU-AS:10057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2474/2025 MOTILAL DAS AND 2 ORS. SON OF LATE MANIK DAS VILL- KURIBILL P.S. SALBARI DIST. BAKSA, BTAD, ASSAM 2: SRI HIRALAL DAS S/O LATE MANIK DAS VILL- KURIBILL P.S. SALBARI DIST. BAKSA BTAD ASSAM 3: SRI JAYCHAND DAS S/O LATE DINESH DAS VILL- KURIBILL P.S. SALBARI DIST. BAKSA BTAD ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 04-08-2025 Heard Mr. N. Uddin, the learned counsel for the petitioners and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting regular bail to the accused/petitioners who were arrested on 25.05.2025 and 25.06.2025 in connection with Sessions Case No. 25/2025, arising out of Salbari P.S. Case No. 42/2025, u/s 302/304(B)/34 of Indian Penal Code, pending in the court of learned Sessions Judge, Baksa, for disposal. 3. It is submitted by Mr. Uddin that the three accused/petitioners were on bail during investigation and after filing of the charge-sheet, the matter was committed to the learned Sessions Judge on 08.02.2025 and on the next date i.e. on 28.02.2025 they were represented by the engaged counsel. But, on 16.05.2025 they could not appear before the learned Sessions Judge and they were also not represented by the learned engaged counsel and for which the NBWA were issued on 16.05.2025, only for one day default by the learned Sessions Judge. But, on 26.06.2025 the petitioner nos. 2 & 3 got arrested and subsequently the petitioner no. 1 also got arrested in connection with this case on the strength of NBWA issued against them. The petitioner no. 1 is in custody since last 41 days and petitioner nos. 2 & 3 are in custody since last 72 days. Charge has also been framed in this case and the case is fixed for evidence. All Page No.# 3/4 petitioners are ready and willing to appear before the learned Sessions Judge and to contest the case accordingly, if they are granted with the privilege of bail. Further, it is submitted that all the accused/petitioners were also on bail during the investigation and thus they cooperated with the investigation. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the accused/petitioners defaulted in appearing before the learned Trial Court below on several occasions before committing of the case and hence considering the conduct of the accused/petitioners their prayer could not be consider at this stage. 5. Hearing the submissions made by learned counsel for both sides, considering all aspects of the case and also considering the fact that the accused/petitioners were on bail during investigation and were also duly represented before the learned Sessions Judge. However, the NBWA was issued only due to default of the petitioners in one occasion. Considering this aspect of the case, I find that the privilege of bail may be extended to all the petitioners. 6. Accordingly, all the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Sessions Judge, Baksa. The accused/petitioners namely, [1] Sri Motilal Das [2] Sri Hiralal Das and [3] Sri Jaychand Das be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall appear before the Sessions Judge, Baksa on each and every date. (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Page No.# 4/4 the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned Sessions Judge, Baksa without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant