Page No.# 1/4 GAHC010168012025 2025:GAU-AS:12037 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2463/2025 FARIZ UDDIN S/O- ROSMAN ALI, R/O- VILLAGE- LAMABAHADURPUR, POLICE STATION- NILAMBAZAR, DISTRICT- SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. S K TALUKDAR, L P BORAH,MR. J M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 04.09.2025 Heard Mr. J.M.A. Choudhury, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioner, viz., Fariz Uddin has prayed for bail in connection with Nilambazar Page No.# 2/4 P.S. Case No.44/2025 registered under Sections 332(b)/642)(K) of the BNS, 2023 corresponding to Sessions Case No.140/2025 pending in the Court of learned Sessions Judge, Sribhumi. Mr. Choudhury, learned counsel for the petitioner submits that the petitioner was arrested on 03.04.2025 and was produced before the Magistrate on 04.04.2025 and that he further submits that till today he is inside the Jail for more than 150 days and he further submits that the charge-sheet in the instant case is filed on 03.07.2025 i.e. after expiry of 90 days and more specifically on the 92nd day of the petitioner’s incarceration and as such, has prayed that the petitioner is entitled to default bail in the present case. On the last occasion, the learned counsel for both the parties took time to find out as to what will be relevant date for calculating the mandatory period inasmuch as whether it would be the date of preparation of the charge-sheet or filing of the same before the learned court below and in pursuant to the said prayer, Mr. J. M. A. Choudhury, learned counsel for the petitioner has placed a judgment of the Hon’ble Supreme Court rendered in Enforcement Directorate, Government of India Vs. Kapil Wadhawan reported in (2024) 7 SCC 147 wherein the Apex Court had observed inter-alia that the filing of the charge-sheet matters and that in the said case the Hon’ble Supreme Court had observed that the accused was remanded on 14.05.2020 and the charge-sheet ought to have been filed on or before 12.07.2020 i.e. on the 60th day. However, in the said decision, the Hon’ble Supreme Court had held that the Page No.# 3/4 said charge-sheet was filed on the 61st day of the petitioner’s custody and as such, it was concluded that right to default bail accrued to the petitioner on 12:00 midnight of the 60th day and onwards. The learned counsel has also placed a judgment of the Coordinate Bench of this Court in Samsun Noor @ Samsul Noor vs. State of Assam rendered in Bail Application No.1958/2022 by which the learned Single Judge had held that placing the charge-sheet before the Court is the relevant date of submission of the charge-sheet. In view of the same, Mr. J. M. A. Choudhury submits that the petitioner is entitled to default bail on the 90th day and since the charge-sheet has been filed thereafter, he should be released on bail. Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam submits that the Charge-sheet in the instant case was placed before the Government Register Branch before the 90 days is over from the custody or remand of the petitioner and as such, he submits that the petitioner is not entitled to default bail. After hearing the submissions made by the parties and on perusal of the materials available on record and further in view of the judgment of the Hon’ble Supreme Court and the judgment passed by the Coordinate Bench, this Court observes that the petitioner is entitled to default bail in view of the following observations. The petitioner was arrested on 03.04.2025 and he was produced by the Magistrate on 04.04.2025 and on the same day the petitioner was remanded to Page No.# 4/4 police custody and in order to calculate the mandatory period under Section 167(2), the relevant date would be 04.04.2025. Thereafter, the Charge-sheet was submitted on 03.07.2025 and on the same day it was seen by the Magistrate and as such, by calculating it can be said that the Charge-sheet has been submitted on 91st day from the date of remand of the petitioner and as such, he is entitled to default bail on the completion of 90th day which was due on 02.07.2025. In view of the discussions made herein above, the petitioner is allowed to go on bail on furnishing a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of learned Sessions Judge, Sribhumi under the following conditions :- (1) That the petitioner shall appear before the Trial Court as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the place of his residence without permission of the Trial Court. The Bail Application stands disposed of. JUDGE Comparing Assistant