Page No.# 1/4 GAHC010279562024 2025:GAU-AS:845 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./22/2025 MD MAINUL HAQUE @ MAINUL HAQUE ALI S/O LATE KHONASA ALI VILL- KARIA, P.S. NALBARI DIST. NALBARI, ASSAM PIN-781339 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 27.01.2025 Heard Ms. G. Borah, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the petitioner, who has been languishing in jail hazot since 16.08.2024 in connection with Session Case No.80/2024 where the charge-sheet bearing the C. S. No.251/2024 has been laid down under Sections 61(2)/55/103(1)/61(2)/3(5) of the BNS arising out of Nalbari P. S. Case No. 228/2024. The scanned copy of the case record along with case diary has already been received and I have perused the same. It is submitted by the learned counsel for the petitioner, Ms. Borah, that the petitioner has been in custody for 160 days, and the case was charge-sheeted on 23.09.2024. However, the charge has yet to be framed by the learned court below. She further submitted that although there was a prayer for the filing of a supplementary charge-sheet by the Investigating Officer (I.O.), no supplementary charge-sheet has been filed to date, and the charge has not been framed by the learned court below. Additionally, she pointed out that the charge-sheet reveals that the main allegation of stabbing is brought against one Chintu Ali, with no role attributed to the petitioner. Moreover, the petitioner was not present at the time of the incident, as he was in Cherapunjee, Meghalaya. In support of this, a certificate issued by the Bazar Committee has been furnished along with the petition. However, the petitioner is willing to cooperate with the I.O. in the further investigation of the case if Page No.# 3/4 he is granted bail. On the other hand, Mr. Baruah, the learned Additional Public Prosecutor, submits that the case has already been charge-sheeted, but the charge has yet to be framed by the learned court below. He further submitted that the I.O. had prayed for filing a supplementary charge-sheet, as some additional evidence has been collected in connection with the case. He contended that the involvement of the present petitioner may become apparent after the charge is framed. Accordingly, at this stage, he raised an objection to granting bail to the petitioner. Considering the submissions of both parties, the materials available in the case record, and other relevant aspects of the case, as well as the length of detention already undergone by the petitioner (160 days), I am of the view that further custodial detention of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari, the accused/petitioner, namely, Md. Mainul Haque @ Mainul Haque 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; (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. In terms of above, this bail application stands disposed of. Page No.# 4/4 Return the Case Diary. JUDGE Comparing Assistant