Page No.# 1/4 GAHC010270932024 2025:GAU-AS:6286 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3939/2024 UTPAL DEKA S/O SRI RAM DEKA VILL- NO. 1 ALIKASH P.O. AND P.S. TANGLA DIST. UDALGURI, ASSAM, PIN-784510. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, MR. D BORA,MR. N MAHAJAN,MR. P K DAS,MR. A CHAUDHURY,MR. S CHAUHAN,M. BORUAH,MR N ALAM,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.05.2025 1. Heard Mr. A. Chaudhury, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam. Page No.# 2/4 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Sri Utpal Deka, who has been detained behind the bars since 21.08.2024, in connection with Tangla P.S. Case No. 52/2024 under Sections 109(1)/118(2)/103(1) of the BNS, 2023. 3. The learned counsel for the petitioner has submitted that on 09.01.2025, when this bail application was listed for hearing before a co- ordinate bench of this Court, it was observed that as there are 13 numbers of listed witnesses in this case and as at that time, not even a single witnesses was examined, it was observed that the bail application may be considered after at least five witnesses are examined by the Trial Court. 4. The learned counsel for the petitioner has submitted that in the meanwhile, 8(eight) out of 13(thirteen) listed witnesses have been examined and most of the witnesses except PW-2 are hearsay witnesses. 5. He further submits that the conduct of the petitioner throughout the trial was good and there is no possibility of his evading the course of justice. 6. The learned counsel for the petitioner has submitted that the petitioner has himself surrendered before the Court on 21.08.2024. He further submits that thereafter, the son of the petitioner died on 21.02.2025 and the petitioner was granted interim bail, by the Trial Court. 7. He further submits that in pursuant to the directions of this Court on 07.03.2025, the petitioner surrendered before the Trial Court to face Page No.# 3/4 the trial. He therefore, submits that the petitioner has never flouted any condition of the bail and have co-operated in the trial. 8. The learned counsel for the petitioner has submitted that as 8(eight) out of 13(thirteen) witnesses have been examined and as the petitioner is co-operating in the trial, and he has been detained behind the bars since 21.08.2024, his further custodial detention may not be necessary for fair completion and hence, he prays that the petitioner may be allowed to go on bail. 9. On the other hand, the learned Additional Public Prosecutor has also submitted that though 8(eight) out of 13(thirteen) prosecution witnesses have been examined, the witnesses have implicated the present petitioner in this case and material witnesses are yet to be examined. 10. I have considered the submissions made by the learned counsel for both the sides and have gone through the scanned copy of the case record of Sessions Case No. 27/2024. 11. It appears that the petitioner has been languishing behind the bars since 21.08.2024. It also appears that he himself surrenders to face the trial. 12. Further, it also appears that out of 13(thirteen) listed witnesses, 8(eight) have already been examined and the petitioner, in the meanwhile, was also granted interim bail and he had surrendered before the Court to face the trial after completion of the interim bail period and thus he has not flouted any conditions of the bail. Page No.# 4/4 13. This Court is of the considered opinion that considering the period of detention, number of witnesses examined and the conduct of the petitioner, his further custodial detention may not be necessary, if he co- operates in the trial, for fair completion of the trial of Sessions Case No. 27/2024. 14. In view of the above, the above-named petitioner is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the Trial Court, with the following conditions:- i. That the petitioner shall cooperate in the trial of Sessions Case No. 27/2024, which is pending in the Court of the learned Sessions Judge, Udalguri; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; 15. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant