Page No.# 1/3 GAHC010260572024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3759/2024 CHUNEN NARZARY S/O LATE SHIBLAL NARZARY R/O VILL- PUB BORPATHAR P.S. KACHUA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD R ALI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 20-01-2025 Heard Mr. R. Ali, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 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 15.10.2024 in connection with Baithalangso P.S. Case No. 49/2024 u/s 318(4)/64/351(2)/74 of BNSS, 2023. 3. Scanned copy of the case record is already being received. Perused the same. 4. Mr. Ali, the learned counsel for the petitioner submitted in this regard that the present accused/petitioner is innocent and he has been falsely implicated in this case. The case has already been chare-sheeted and petitioner is behind the bars since 15.10.2024. Further he submitted that the charge is also framed and one PW is already examined and hence considering the length of detention, the petitioner may be released on bail. He being the permanent resident of the addressed locality will appear before the learned Trial Court below each and every date as fixed by the Court. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that charge was framed on 12.12.2024 and one PW is already examined on 03.01.2025. But, till date as per the scanned copy of the LCR, the victim is not yet examined and accordingly he submitted that the probability of tampering the evidence of the victim cannot be denied at this stage and hence raised objection in granting bail to the present petitioner. 6. Hearing the submission made by learned counsel for both sides, this Court is of the opinion that it is not a fit case to grant bail to the present petitioner at this stage before examining the victim as the probability of tampering with the evidence of the victim cannot be denied at this stage. Page No.# 3/3 7. With the above observations, the present petition stands dismissed. JUDGE Comparing Assistant