Page No.# 1/4 GAHC010206052025 2025:GAU-AS:12702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2271/2025 HACHAN ALI ALIAS HASSAN ALI SON OF LATE NAJIB ALI R/O VILL- KURTI, P.S. KADAMTOLA DIST. NORTH TRIPURA, TRIPURA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. RAJARSHEE DE, MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 16.09.2025 1. Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the Page No.# 2/4 State. 2. This application under Section 482 of BNSS, 2023 has been filed by the accused petitioner, namely, 1. Hachan Ali @ Hassan Ali, seeking pre-arrest bail in connection with Karimganj P.S Case No. 1154/2020 corresponding to GR Case No.3141/2020 and registered under Sections 420/379/413 of IPC. 3. The FIR dated 01.12.2020 was lodged by one Anamika Kar. The investigation resulted in a charge-sheet against the two accused persons including the present accused under Section 420/379/413 of IPC. 4. It is stated therein that name of the present accused though not named in the FIR, has emerged from the statement of the arrested co-accused Salim Uddin. It is also stated that both the accused persons are also being prosecuted in connection with Karimganj P.S Case No.1232/2020. 5. The learned counsel for the petitioner further submits that he is willing to appear and co-operate with the trial. 6. On the other hand, the learned Additional Public Prosecutor for the State objected to the grant of bail, submitting that these are serious offences. Out of the charge-sheeted penal provisions, Section 413, apart from being sessions triable, is also punishable with imprisonment up to life. Therefore, the learned court of Magistrate may be constrained to grant bail to the accused with Page No.# 3/4 regard to the said penal provision. 7. As already stated, the name of the present accused petitioner has emerged only from the statement of the co-accused. Since he was not found during investigation, he has been indicated as an absconder in the charge-sheet. 8. In the given facts and circumstances, I am of the considered view that the petitioner should be given an opportunity to participate in the trial in the larger interest of prosecution. 9. Accordingly, it is directed that, in the event of his arrest in connection with this case, the above-named accused petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of the like amount subject to the satisfaction of the arresting authority with following conditions: (i) That the petitioner shall appear before the learned court below on the next date fixed and thereafter, appear regularly during the trial, if and when it commences; (ii) That the petitioner shall not attempt to influence witnesses; (iii) That the petitioner shall not hamper or tamper with evidence. (iv) That the petitioner shall not abscond. Page No.# 4/4 10. Violation of bail conditions might entail cancellation of the interim bail. 11. With the above observations, this anticipatory bail petition stands allowed and stands disposed of on the aforesaid terms. JUDGE Comparing Assistant