Page No.# 1/3 GAHC010218432025 2025:GAU-AS:13269 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3156/2025 LALCHANDA ALI ALIAS LALCHAN ALI S/O LATE GULMAJAM SUTAR @ BULMAJAM ALI R/ONA PARA PAM P.S. SIALMARI DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 25.09.2025. Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. I.U. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the State respondent. 2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Lalchanda Ali @ Lalchan Ali, who has been Page No.# 2/3 arrested on 03.07.2025, in connection with Sialmari P.S. Case No. 15/2025, under Section 103/191(3)/ 191(2)/190/118(1)/118(2) of BNS. 3. Perused the Case Diary as it was available in the office of the Public Prosecutor. 4. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioner, that the accused/petitioner is innocent and he is no way connected with the offence as alleged in the FIR. Further he stated that the accused petitioner is in the custody for 84 days and hence, considering his period of custody, his bail prayer may be considered. Further, it is submitted by Mr. Choudhury, learned Senior Counsel for the petitioner that the bail prayer for other three co-accused were considered by this Court in Bail Application No.2624/2025, dated 17.09.2025, wherein also length of detention was considered and the bail was accordingly granted. The learned Senior Counsel further submitted that the petitioner is a permanent resident of his addressed locality and will extend his co-operation as and when required. 5. Mr. Baishya, the learned Additional Public Prosecutor submitted in this regard that coming to know about the availability of the case diary, it has been perused and submitted that there are sufficient incriminating materials against the present accused petitioner. However, on the enquiry it is found that the charge has not yet been furnished by the I.O. and the case diary was also lying before the office of the Public Prosecutor. However, he submitted that there are sufficient incriminating materials against the accused/petitioner but it is a fact that the case is still under the process of investigation. Page No.# 3/3 6. Considering the submissions made by the learned counsels for both sides, without going into detail on the merit of the case, taking into consideration the length of detention of the accused petitioner and the fact that within 3/4 days, there is no probability of filing the charge sheet of the case, I am inclined to grant bail to the present accused petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, the accused petitioner, named above be enlarged on bail, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nalbari, without prior permission, and (iii) that the petitioner shall submit the copy of his Aadhar Card and PAN Card before the learned Chief Judicial Magistrate, Nalbari. 8. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant