Page No.# 1/4 GAHC030001762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./9/2025 Sh. Kamrul Islam S/o. Hussain Ali @ Huchan Ali R/o. Folkland Veng, Aizawl VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Jordan Rohmingthanga Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 01.04.2025 Heard Mr. Jordan Rohmingthanga, learned counsel for the applicant/petitioner, along with Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed u/s 483(1) read with 528 of the BNSS, 2023 for setting aside the Order dated 17.02.2025 passed by the learned Additional District & Sessions Judge-I, Aizawl District Court in Bail Application No. 80 of Page No.# 2/4 2025 arising out of Mamit P.S. Case No. 59/2024 in SC No. 101/24 in Criminal Trial No. 1172 of 2024 and for the release of the petitioner/applicant on bail. 3. Mr. Jordan Rohmingthanga, the learned counsel for the petitioner submits that the petitioner is 22 years of age, having no criminal antecedents and was arrested on 07.07.2024 at 1a.m. on the allegation that he committed the offence under Section 75(1) and 329(4) of the Bharatiya Nyaya Sanhita (BNS). The learned counsel submits that the petitioner is innocent of the charge and he has been wrongly implicated of committing the offence. He submitted that after the charge sheet was filed, the case is now at the evidence stage wherein PW 1/informant, has deposed against the petitioner, however, the deposition appeared to be based only on suspicion. He further submits that though there are 6 prosecution witnesses, after the deposition of the PW-1, the other prosecution witnesses have failed to appear before the Court for further evidence till date. He submits that the petitioner has now been in the judicial custody for a period of 8 (eight) months and 25 days and that there is every likelihood of the petitioner being acquitted of the charge made out against him. 4. The learned counsel prayed that the petitioner may be released on bail since there is no likelihood of him jumping bail. The learned counsel submits that the petitioner is residing with his uncle Mr. Noor Ahmed, who has cement hardware store and who has been living in Aizawl for the past 15 years. That the petitioner is residing with his uncle and will regularly attend Court. In support of his submission, the learned counsel for the petitioner has enclosed the Epic Card of the petitioner, Adhaar Card of Mr. Hussain Ali father of the petitioner, Adhaar Card of Mr. Noor Ahmed maternal uncle of the petitioner, driving license of the uncle of the petitioner and the Adhaar Card of Mr. C. Page No.# 3/4 Lalnunpuia, the landlord of the uncle of the petitioner, he has also enclosed the affidavit executed by the landlord of the petitioner and the affidavits executed by the petitioner’s father and the maternal uncle to show that the petitioner is actually residing with the maternal uncle who has been residing at Falkland for the past 15 years. The learned counsel submits that there is no chance of the petitioner absconding during the trial since he is living with his father and his maternal uncle at Falkland. 5. Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent submits that the documents submitted by the petitioner should be duly verified to ensure that the petitioner is actually residing with his maternal uncle, to ensure that he does not jump bail during the trial of the case. She further submits that stringent conditions may be imposed to ensure that the petitioner does not jump bail during the trial of the case. 6. Having heard the submissions made by the learned counsel for both the parties, this Court considering the nature of the offence under which the petitioner has been charged under Section 75(1) and 329(4) of the Bharatiya Nyaya Sanhita (BNS) and considering the fact that the he has been in custody for the past 8 months 25 days and also considering the fact that the petitioner is shown to be residing with his maternal uncle Mr. Noor Ahmed, who is having a cement and hardware store at Falkland, Aizawl for the past 15 years, this Court finds it find to grant bail to the petitioner with a bail bond of Rs. 20,000/- and one surety with a bond of the like amount, who shall be to the satisfaction of the learned trial Court. The learned trial Court may also impose further conditions as it finds fit to ensure that the petitioner does not jump bail during the trial of the case. Page No.# 4/4 7. Accordingly, Bail Application No. 9/2025 stands allowed and disposed of. JUDGE Comparing Assistant