Page No.# 1/4 GAHC010268782024 2025:GAU-AS:4594 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3865/2024 MD ISLAM ALI S/O LATE SAFED ALI PERMANENT RESIDENT OF VILL- KALITAKUCHI, P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS, B DAS,MR. A M AHMED,MR H R A CHOUDHURY,MS N BARUAH,MR K J PATHAK Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 10.04.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A. M. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 11.08.2024 in connection with Sessions Case No. 80/2024, registered under Section 61(2)/55/103(1) of BNS. 3. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioner, that pursuant to the order dated 18.12.2024, passed in Bail Application No. 3865/2024, the charge has already been framed against the present petitioner vide order dated 01.03.2025 and the next date for evidence is fixed on 10.04.2025. 4. He further submitted that, from the charge sheet itself, it is seen that the present petitioner, along with two others, is stated to be one of the conspirators involved in the plot to kill the deceased. However, the petitioner did not play any active role in the commission of the crime. The petitioner is behind the custody since 11.08.2024. Subsequently, the case has been charge-sheeted, and there is no chance of tampering with or hampering any further evidence. More so, the petitioner is a permanent resident of the addressed locality and is willing to appear before the learned Trial Court on every date fixed, if his bail prayer is Page No.# 3/4 allowed. Furthermore, the senior counsel submits that one of the co-accused has already been granted bail in connection with this case. In light of this, the petitioner prays for enlargement on regular bail on the grounds of parity. 5. On the other hand, Mr. Goswami, the learned Additional Public Prosecutor, has submitted that the dispute was originally a land dispute, which led the present petitioner, along with others, to conspire and commit the murder of the deceased. He further submits that, from the charge sheet and other materials available in the case record, it is clear that the accused/petitioner is the father of one Chintu Ali, who killed the victim under the conspiracy of the present petitioner and other co-accused. It is admitted that two conspirators have already been granted bail by this Court, but, considering the materials available in the record, he submits that it is a planned murder, and, therefore, at this stage, he raised objection in granting bail to the accused/petitioner. 6. Considering the submissions of both learned counsels and taking into account the grounds of parity and the length of detention already undergone by the accused/petitioner (i.e., since 11.08.2024), I am of the view that the Investigating Officer got ample opportunity to interrogate the accused/petitioner in custody. Accordingly, further custodial interrogation of the accused/petitioner seems not necessary in this case. 7. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari, the accused/petitioner, namely, Md. Islam Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the learned Sessions Judge, Nalbari as and when the date is fixed; Page No.# 4/4 (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 Sessions Judge, Nalbari, without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant