Page No.# 1/3 GAHC010244172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3594/2025 MONOWAR HUSSAIN SON OF OSMAN ALI R/O VILL- SHINGIMARI, P.O. AND P.S. CHAPAR, DIST. DHUBRI, ASSAM, PIN-783371 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,A.ISLAM,MR. B.H. TAPADAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 01-12-2025 Heard Mr. HRA Choudhury, the learned senior counsel for the petitioner assisted by the learned counsel Mr. A. Islam. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3 2. Scanned copy of the TCR has already been received and one additional affidavit has already been filed by the learned counsel for the petitioner. 3. It is submitted by Mr. Choudhury that the present accused/petitioner has not committed any such offence as alleged in the FIR. However, one message was simply shared by him with no other intention and he did not made any comment to the alleged post. Mr. Choudhury further submitted that the accused is in custody for more than 7 months and the I/O of this case i.e. the PW-3 had already been examined on 17.11.2025. Considering all these aspects of the case he may be released on bail and the petitioner will appear regularly before the learned Trial Court below as and when the date is fixed by the Court. 4. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that while rejecting earlier bail application also same ground of length of detention was taken by the petitioner and which was accordingly rejected by this Court. No new ground has been taken by the petitioner to consider his subsequent bail application at this stage. However, he submitted that PW-3 the informant/IO already been examined by the learned Trial Court below. Accordingly, he objected to the bail petition and submitted that the bail prayer for the present petitioner may not be considered at this stage. 5. After hearing the submissions made by learned counsel for both sides, I have also perused the case record and the evidences so far recorded by the learned Trial Court below. It is seen that the PW-3, the informant/I/O of this case has already been examined by the prosecution on 17.11.2025 and the petitioner is in custody for more than 7 months. So considering the only aspect of the examination of the informant of this case, I find that further custodial detention may not be required for the interest of the trial of the present case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. Page No.# 3/3 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Additional Sessions Judge, Bilasipara. The accused/petitioner, namely Monowar Hussain, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 (ii) that the petitioner shall not leave the jurisdiction of the learned Additional Sessions Judge, Bilasipara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant