Page No.# 1/3 GAHC010222562025 2025:GAU-AS:15937 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3337/2025 SHIBA MUSHAHARY S/O- RAJIB MUCHAHARY, R/O- VILL NO 2 ODLAGURI, P.S. GOSSAIGAON, DISTKOKRAJHAR, BTAD, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.11.2025 Mr. P. K. Das, learned counsel appearing for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 483 of BNSS, 2023, the petitioner has prayed for bail in connection with Sessions Case No. T2/137/2019 under Sections 325/326/307 of IPC corresponding to Page No.# 2/3 Gossaigaon P.S. Case No. 279 of 2019. The FIR dated the 2nd of July 2019, reveals that the petitioner physically assaulted members of his own family and at that juncture, when his mother called the husband of the informant to intervene and stop the altercation, the petitioner attacked the husband of the petitioner and injured him grievously. 3. The police completed the investigation and submitted charge sheet and the trial commenced. During the trial the witnesses were examined and the last witness, who was PW No. 8 was examined in the month of February and thereafter, only one witness remained to be examined but due to the vacancy in the court, the said witness could not be examined and the matter rested at that till date. 4. Mr. Das, learned counsel for the petitioner prays for bail only on the count of delay in the trial. He submits that it has been 10 months that the case had not proceeded and the petitioner is languishing in the jail for no fault of his. 5. Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam, however submits that the trial is at the fag end and that only one witness was to be examined and at this stage no bail to be allowed to the petitioner. More so, in the statement of the witnesses the complicity of the petitioner is writ large. 6. On consideration of the submissions made at the Bar, especially in view of the fact that the last witness has not been examined till date since the month of February, 2025, this Court finds it fit that the petitioner be released on bail on furnishing of a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with two local surety of the like amount to the satisfaction of the Sessions Judge, Kokrajhar under the following conditions: (i). The petitioner would appear on every dates as fixed by the Trial Court and would appear positively without any fail. (ii). The petitioner would not leave his place of residence without the permission of the Sessions Page No.# 3/3 Judge, Kokrajhar. 7. The petition is accordingly disposed off. JUDGE Comparing Assistant