Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010192362025
2025:GAU-AS:17339
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2818/2025 NAZIBUR RAHMAN BORA SON OF LATE KHELILUR RAHMAN BORA PERMANENT RESIDENT OF VILL- NEAR FOREST RANGE OFFICE, WARD NO. 1, P.O. GOLAGHAT, P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S BANIK, PP, ASSAM,LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 15-12-2025 Heard Mr. S. Banik, learned Legal Aid Counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondents. 2. This is an application filed under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Nazibur Rahman Bora, who
Page No.# 2/3 has been arrested in connection with Sessions Case No. 26/2023 pending in the Court of the learned Sessions Judge, Golaghat, corresponding to Golaghat P.S. Case No. 200/2023 under Sections 448/302 with added Sections 109/449 of the IPC. 3. Scanned copy of the TCR has been received. Perused the same. 4. It is submitted by Mr. Banik that being an officer of the Court and appearing as a Legal Aid Counsel on behalf of the petitioner, he fairly submitted that it is a case of triple murder, wherein the accused petitioner also pleaded guilty at the time of framing of charge. However, the accused is in custody since 25.07.2023 and it was even after his confession the Court had observed that it is better to continue with the recording of evidences. 5. He further submitted that after the conclusion of the trial, it may be a case of even acquittal, but at this stage, he submitted that the petitioner pleaded guilty at the time of framing of charge. But at the same time it is also submitted that the accused is in custody since more than 2 years. So, considering this aspect of the case, the matter may be considered. 6. Mr. Baishya, learned Addl. PP submitted in this regard that it is a case of triple murder, wherein the accused allegedly killed his wife and both in laws, i.e., mother-in-law and father-in-law and he also admitted his guilt at the time of framing of charge. 7. Mr.
Baishya, learned APP submitted that 48 witnesses are listed by the prosecution, out of which, 38 witnesses have already been examined by the prosecution and the last witnesses was examined on 13.06.2025, but there is some delay in examining the other witnesses, as PW-22 was re-examined by the prosecution and the case record is only upto 08.09.2025. Accordingly, he
Page No.# 3/3 submitted that there cannot be any inordinate delay in proceeding of this case and if such an offender is released on bail there is every probability that he may hamper or tamper with the prosecution case as well as there may be repetition of same crime. 8. Further as being pointed out by Mr. Baishya, learned APP it is seen that as per the E-Court’s report that on 11.12.2025, PW-40 has already been examined and the next date is fixed on 20.12.2025 for further evidence. 9. So considering all these aspects of the case, the nature and gravity of the offence and also the progress of the trial of the Court, I find that it is not at all a fit case to extend the privilege of bail to the accused petitioner at this stage. 10. Accordingly, this bail application of the petitioner, namely, Nazibur Rahman Bora, in connection with Sessions Case No. 26/2023, corresponding to Golaghat P.S. Case No. 200/2023 under Sections 448/302 with added Sections 109/449 of the IPC stands rejected. 11. This bail application accordingly, stands disposed of. JUDGE Comparing Assistant