Page No.# 1/3 GAHC010212892025 2025:GAU-AS:13196 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2356/2025 YUSUFUDDIN AHMED ALIAS MD YOUSUFUD DIN AHMED SON OF MOHAMMED SHARFUDDIN AHMAD, PERMANENT RESIDENT OF NO. 79 MARRIAMMAN KOIL STREET, THATTANCHAVADY, PUDUCHERRY- 605009. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 Heard Mr. B.K. Mahajan, learned counsel assisted by Mr. A. Chaudhury, learned counsel appearing for the petitioner. Also heard Ms. N. Das, learned Addl. Public Prosecutor appearing for the State. Page No.# 2/3 By this application, the petitioner has prayed for pre arrest bail in connection with PRC No. 439/2025 arising out of Chhaygaon P.S. Case No. 190/2025 registered under Section 75(1)(ii)/ 75(1)(iii)/ 76 of BNS, 2023. Mr. B.K. Mahajan, learned counsel appearing for the petitioner submits that the petitioner in the instant case was enlarged on interim pre arrest bail vide order dated 23.07.2025 with certain conditions to the effect that the petitioner may appear before the Investigating Officer within a period of one (1) week and would give his statement and that he would corporate with the investigation. He further submits that during the subsistence of the said bail order, the charge sheet has been laid in the instant case and in view of the same, this Court directed that the petitioner may approach the concerned Court for necessary order and the said interim order was extended by another period of ten (10) days for enabling the petitioner to get the appropriate orders. However, when the petitioner appeared before the Trial Court i.e. Sessions Court, Kamrup, Amingaon, the learned Session Judge returned the finding that the petitioner may approach the concerned learned Trial Court i.e. learned JMFC-II and file appropriate bail application before the same. However, Mr. B.K. Mahajan submits that in the instant case, the Trial Court is the Sessions Court as per law and in view of the same, the petitioner has filed this application before this Court. Page No.# 3/3 Ms. N. Das, learned Addl. Public Prosecutor however, admitted that the Sessions Court is the Trial Court as per the law and as such, she fairly submits that the application may be moved before the learned Sessions Judge. In view of the submissions made by the counsels and in view of the law applicable in the instant case, this Court as such deems it fit that the petitioner may be released on pre arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one (1) local surety of the like amount to the satisfaction of the JMFC-II, Kamrup, Amingaon who will proceed according to the law under the following conditions:- 1) The petitioner shall co-operate with the trial and shall appear before the Court as and when called for. 2) The petitioner shall not tamper with the evidence or influence the witnesses. 3) The petitioner shall not leave the jurisdiction of the Trial Court without the permission of the said Court. The petition is disposed of. JUDGE Comparing Assistant