Page No.# 1/3 GAHC010265472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3923/2025 BAHARUL ISLAM SON OF MD. AYNAL HOQUE, RESIDENT OF VILL SANTALI SATRA, P.S. BOKO, DISTRICT KAMRUP R, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B SINHA, MR. H ISLAM,MR. M.A. BARBHUIYA,MR. R A CHOUDHURY,MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 05.12.2025 Heard Mr. B. Sinha, learned counsel appearing for the accused/applicant. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying for bail to the accused/applicant, viz., Baharul Islam in connection with Jagiroad P.S. Case No.241/2025 registered under Section 316(3) of the Page No.# 2/3 BNS, 2023. Charge-sheet in the instant case has already been filed on 16.10.2025 under Sections 316(3), 303(3), 317(2) of the BNS, 2023 which is pending before the learned Chief Judicial Magistrate, Morigaon. The allegation as narrated in the F.I.R. dated 06.10.2025 is that the complainant loaded 260 bags of cement from Dalmia Cement Factory, Jagiroad on the Truck driven by the accused/applicant which was to be delivered to one Sanjay Hardware, Sualkuchi, Assam. However, the truck- load did not reach the destination and therefore, the F.I.R. was filed. The accused/applicant was arrested on 07.10.2025 in connection with the aforementioned case and on investigation the police recovered the truck along with 51 bags of cement on 25.09.2025 from Gorchuk. The learned counsel for the accused/applicant submits that the accused is no way involved in the alleged offence and he is only the driver of the instant vehicle. He further submits that taking into account his long detention of 58 days behind the bars and since the Charge- sheet in the instant case has already been submitted, this Court may consider releasing the accused/applicant on bail at this stage. The learned counsel further submits that though the accused/applicant had filed a Bail Application before the learned Chief Judicial Magistrate, Morigaon but the said application was rejected on 24.10.2025 on the ground that in the event of enlarging the Page No.# 3/3 accused/applicant on the bail, the trial would prolong for a long time. This Court has gone through the materials brought before the Court and has also perused the rejection order dated 22.10.2025. On perusal of the materials available on record and after hearing the submissions made by the learned counsel appearing for the parties and taking into account the length of detention of the accused/applicant, this Court is of the opinion that this is a fit case where the accused/applicant should be allowed to go on bail at this stage. Accordingly, it is directed that that the accused/applicant should be released on bail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Chief Judicial Magistrate, Morigaon subject to the following conditions :- (1) That the accused/applicant shall regularly appear during the trial and shall not try to influence or intimidate the witnesses in any manner; (2) That the accused/applicant shall not commit any offence while on bail. The Bail Application stands disposed of. JUDGE Comparing Assistant