Page No.# 1/3 GAHC010266802024 2025:GAU-AS:1081 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3839/2024 SAMINUL ALI @ ISLAM S/O MD. SANE ALI @ CHANO ALI VILL- HABLAKHA P.O. HABLAKHA P.S HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S ISLAM, S RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 30.01.2025 Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by the accused/petitioner, Saminul Ali @ Islam, who has been languishing in jail hazot since 01.11.2024 in connection with Hajo P. S. Case No. 414/2024, registered under Sections 329 (4)/124(1)/109/78/351(2) of BNS. It is submitted by the learned counsel for the petitioner, Mr. Saikia that the accused/petitioner is behind the bar for the last 91 days i.e. beyond his statutory period and accordingly, he is entitle for default bail. On the other hand, Mr. Das, the learned Public Prosecutor, has submitted that it is a fact the petitioner has been in custody since 01.11.2024, and to date, the Investigating Officer (I.O.) has not filed the charge-sheet. He further submitted that the investigation is almost complete, but the charge-sheet could not be filed due to the unavailability of the medical/injury report. Accordingly, he raised no objection to granting the prayer made on behalf of the accused/petitioner, considering the fact that he has completed the statutory period. After hearing the submissions of learned counsel of both the sides, it is seen that in spite of lapse of statutory period, the investigating authority is not in a position to file Charge-Sheet against the accused/petitioner. The Page No.# 3/3 accused/petitioner has been languishing in jail custody for the last 91 days and till then, failed to furnish the Charge-Sheet and accordingly, I find that the present accused/petitioner is entitled to default bail and accordingly, the accused, namely, Saminul Ali @ Islam is allowed to go on bail on furnishing a bail bond of Rs.20,000/- with a suitable surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, in connection Hajo P. S. Case No. 414/2024, registered under Sections 329 (4)/124(1)/109/78/351(2) of BNS. The above privilege is, however, subject to the following conditions:- (i) that the petitioner shall appear before the learned Judicial Magistrate First Class, Hajo as and when the date is fixed; (ii) 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Judicial Magistrate First Class, Hajo, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant