Page No.# 1/2 GAHC010244622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3557/2024 MD JONAB ALI @ JANAB ALI S/O MAGRAB ALI R/O VILL- PURAN PARA, TAPAR PATHAR PS CHHAYGAON, DIST KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. A. Paramanik, learned counsel appearing for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Md. Jonab Ali @ Janab Ali, who is facing trial in Sessions Case No. 198/2018 arising out of Garchuk Page No.# 2/2 P.S. Case No.03/2018, has prayed for releasing him on regular bail. 3. On 02.01.2018, police registered an FIR alleging that they got an information that some young persons loitering in the city of Guwahati were intending to commit robbery. All of them were travelling in a car. Police stopped the car and from the car, one dagger and one piece of iron pipe were recovered. The petitioner alongwith other persons were arrested by police. 4. After that, police filed a charge-sheet alleging that the petitioner had committed the offence u/s 399 of the Indian Penal Code. In the meantime, the petitioner had gone to Karimganj in search of work and therefore, he could not appear before the trial court. So, the trial court issued a non-bailable warrant of arrest against the petitioner. 5. The petitioner was arrested by police in connection with the aforesaid case and he is in custody since 15.10.2024. 6. The learned counsel for the petitioner, Mr. Paramanik submits that the petitioner is interested in facing the trial. He further submits that on a plain reading of the FIR, it is clear that no offence was committed by the petitioner. 7. I have considered the submissions made by the learned counsels of both sides. 8. This Court is of the opinion that under the given circumstances of the case, the petitioner does not deserve to be detained in custody for any further period of time. 9. Accordingly, the bail application of the petitioner is allowed. 10. It is hereby directed that the petitioner, who is facing trial in Sessions Case No. 198/2018 pending in the court of the learned Addln. Sessions Judge No. 1, Kamrup (Metro), Guwahati, shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the learned Addln. Sessions Judge No. 1, Kamrup (Metro) at Guwahati. The bail application stands disposed of accordingly. JUDGE Comparing Assistant