Page No.# 1/4 GAHC010195222025 2025:GAU-AS:13217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2853/2025 TAFAZUL ALI, SON OF SONUWAR ALI PERMANENT RESIDENT OF TOPATOLI BAKARIGAON, P.S. KHETRI, P.O. KHETRI, GUWAHATI, DIST. KAMRUP (METRO), ASSAM, PIN-782403. VERSUS THE STATE OF ASAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, MS S AHMED,MR. M M ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-09-2025 Heard Mr. M. Ahmed, the learned counsel for the petitioner and also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing on behalf of Page No.# 2/4 the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 26.06.2025 in connection with Morigaon Sessions’ Case No. 108/2025, arising out of Jagiroad P.S. Case No. 155/2025, charge-sheeted u/s 318(2)/69/351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that the accused is in custody since last 92 days in pursuant to direction of this Court in BA No. 2116/2025 dated 05.08.2025, the petitioner appeared before the learned Sessions Judge with an application for bail. But, the said application was rejected by the learned Sessions Judge only observing the materials and statement made by the victim u/s 183 BNSS. He further submitted that accused is in custody since last 92 days and hence his further custodial detention may not be required for the purpose of trial. He further submitted that the case has already been charge-sheeted and the charge is framed by the petitioner so there cannot be question of hampering or tampering the evidence. However, the petitioner is ready and willing to contest the case by appearing before the learned Trial Court, if he granted with the privilege of bail. 5. Mr. K. Baishya, the learned Additional Public Prosecutor submitted in this regard that the FIR of this case was lodged on 25.06.2025 and the accused is also arrested on the same day i.e. 25.06.2025 and during statutory period charge-sheet is also filed and charges also framed on 28.08.2025 and the next date was fixed for evidence on 11.09.2025. The case is at evidence state and so it may not be proper to consider the bail application at this stage. More so, Page No.# 3/4 there are sufficient incriminating materials in the statement made by the victim u/s 183 BNSS and considering these aspects the petition for bail may not be considered at this stage. Mr. Baishya further submitted that the victim was taken by the accused/petitioner by concealing his identity. 6. Hearing the submissions made by learned counsel for both sides, I have also perused the scanned copy of the TCR. It is an admitted fact that the victim is a major of 35 years of age and at the same time it cannot be denied that the accused is in custody since last 92 days and the case has been charge-sheeted. 7. Considering all the aspects of the case and without going into the merit of the case and considering the length of detention undergone by the accused/petitioner and also considering the fact that the girl being a major, there may not be any question of hampering or tampering of the evidence of the victim, I find that further custodial detention may not be required in this case for the purpose of trial. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 8 Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Morigaon. The accused/petitioner, namely Tafazul Ali be enlarged on bail, subject to the following conditions:- (i) that the petitioner 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/them from disclosing such facts to the Court or to any police officer; and (ii) that the petitioner shall not leave the jurisdiction of the learned Page No.# 4/4 Sessions Judge, Morigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant