Page No.# 1/4 GAHC010185572025 2025:GAU-AS:12196 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2692/2025 HABIBUR RAHMAN S/O LATE IMAN ALI VILL- RMAPUR PAM (UPPER DOOMDUMIA) P.S. BATADRAVA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MD S ALI,MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.09.2025 Heard Md. S. Ali, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Page No.# 2/4 Suraskha Sanhita, 2023, the accused petitioner namely, Habibur Rahman, has prayed for bail in connection with Batadrava P.S. Case No. 92/2025, registered under Section 318(4) / 319(2)/336(2)/336(3)/340(2)/61(2) of BNS, 2023. 3. The case arose out of an ejahar dated 22.07.2025 lodged by the informant Nur Nehar, naming the present petitioner in the ejahar. It is alleged that the petitioner took initiative to open accounts of the informant and other persons and later on, in nutshell the allegation is that through such accounts, the money which should have belonged to the account holders was misappropriated. 4. The up-to-date case diary as called for, has been received. 5. This is a subsequent bail application as an earlier bail petition stated to have been rejected by this Court on 14.08.2025. 6. The petitioner’s side has fairly annexed the copy of the same along with the present bail application. With regard to the new grounds, the learned counsel for the petitioner submits that he is taking recourse to length of detention in the meantime and the fact that the new born baby of the petitioner and his wife is suffering from some ailment and his absence has creating difficulties for the mother to take care of the child. 7. Perused the annexed medical documents. 8. It is submitted by the learned Additional Public Prosecutor for the State that the last endorsement of investigation was of 25.07.2025. 9. I have perused the relevant portions of the case diary and the Page No.# 3/4 said endorsement dated 25.07.2025. Thus, it appears that there has been no investigation after the date of last rejection on 14.08.2025. In the given fact and circumstances keeping in mind the length of detention and also the projected family difficulties of the petitioner’s side, I am of the considered view that the petitioner should be granted bail at this stage in this subsequent petition. 10. Accordingly, the above-named accused is allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only with one surety of like amount subject to the satisfaction of the learned Court of CJM, Nagaon with following conditions: (i) That the accused shall cooperate with the remaining investigation; (ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the accused shall not commit any offence while on bail. (iv) That the accused shall not hamper or tamper with the evidence. 11. Violation of bail conditions might entail cancellation of the bail. 12. Return back the case diary. Page No.# 4/4 13. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant