Page No.# 1/3 GAHC010184992025 2025:GAU-AS:13791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2668/2025 SUJAL ALI S/O SAHADAT ALI R/O VILL- SATGAON, SURYANAGAR ADARSHA PATH, BYE LANE NO. 3, P.S. SATGAON, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K MOHAMMED, MR. S M MUNIR,S BAISHYA,MR. H HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.10.2025 1. Heard Mr. K Mohammad, learned counsel for the petitioner. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. By this application filed under Section 483 of the BNSS, 2023 the petitioners have prayed for grant of bail in connection with Sessions Case No. 200/2023 under Section 392/302/396/34/120(B) of IPC R/W Section 25(1) of Arms Act pending before the Court of Ld. Additional Sessions Judge No. 5, Kamrup (M) at Guwahati arising out of Dispur PS Case No. 2479/2022 registered under Section 392/302/396/34/120(B) of IPC R/W Section 25(1)(a) 27 of Arms Act. 3. The FIR dated 21.11.2022 reveals that the brother of the informant was on his way to Panjabari from Kahilipara and that two unidentified miscreants shot at the victim after which the victim succumbed to his injuries. It was also stated that the miscreants came in a bike and tried to snatch a bag which the victim was carrying and that during the struggle to snatch the bag, the victim was shot from close range by the miscreants who were wearing helmets. On receipt of the said ejahar, the police investigated the case and arrested the accused persons and the petitioner being one of them. 4. During investigation, the petitioner confessed before the Ld. Magistrate under Section 164 of the Cr.P.C and in his confession he stated that he was the driver of the bike and that the pillion rider Mr. Shah Alam Talukdar had tried to snatch the bag from the victim from inside the vehicle and then shot at him for which the victim died. The petitioner further confessed that he got involved with the gang of dacoits which included other accused persons and has been committing the offence. 5. Mr. K Mohammad, learned counsel for the petitioner argues only Page No.# 3/3 one ground of bail and that is the length of detention which sequels in violation of Article 21 of the Constitution of India. He submits that the petitioner has been in the jail for 2 years 8 months and that the trial has just commenced and five witnesses out of 22 witnesses have been examined and there is no possibility of trial being over soon and as such, has prayed for bail. 6. Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam, however, submits on the basis of the Case Records that the petitioner has confessed his complicity in the offence and that the petitioner is a habitual offender and is involved in many more dacoity cases apart from the instant one. He also submits that the bail petition of the petitioner was rejected on the same ground on an earlier occasion too. 7. On consideration of the submissions made at the bar and more so on the fact of the case that the petitioner was driving the bike and that the pillion rider had snatched the bag of the victim and shot him and the confession made by him before the Ld. Magistrate, although he has been inside the jail for long, this Court does not deem it fit to release the petitioner on bail at this stage. 8. In view of the above, the petition is rejected and dismissed. JUDGE Comparing Assistant