Page No.# 1/3 GAHC010243972025 2025:GAU-AS:17148 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3562/2025 MAINUL HOQUE AND ANR SON OF IDRISH ALI, R/O CHAITAN, P.S. JURIA, DIST. NAGAON, ASSAM 2: IDRISH ALI SON OF LATE AMIR UDDIN R/O CHAITAN P.S. JURIA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.12.2025 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor for the State. Page No.# 2/3 2. By this application, the petitioner has prayed for bail in connection with P.R.C Case No. 817/2024 registered under Section 120(B) of IPC arising out of Chief Judicial Magistrate, Nagaon. 3. The FIR dated 18.03.2012 lodged by the mother of the victim reveals that the petitioners woke up her son i.e., the victim as well as them i.e., the informant and other family members while they were sleeping at night and by taking the son of the victim outside the house, it is alleged that the petitioner No. 1 shot at the victim and thereafter, the petitioner No. 2 and other accused persons attacked the victim as a result of which, the victim died. The police registered the case under Section 120(B)/382 IPC read with Section 27 of the Arms Act. The petitioner No. 1 moved an application for Anticipatory Bail and this Court vide order dated 16.05.2012 had directed the petitioner to surrender before the learned CJM, Nagaon within a period of 30 days and apply for bail, which was directed to be considered and disposed of according to law. However, the petitioner did not surrender as directed before the learned CJM, Nagaon, however, he appeared before the Investigating Officer which has been reflected in the charge sheet. The police after completion of the investigation submitted charge sheet showing the petitioner No. 2 as an absconder. Thereby, summons were issued to both the petitioners and the petitioners appeared before the learned Court of CJM, Nagaon on 04.03.2025 and prayed of bail, which was however rejected and the petitioners were put behind the bars and they are incarcerated since then. 4. Mr. A. Ahmed, learned counsel for the petitioner submits that the petitioners have been inside the jail for more than 9 months. It is noticed that the case is at the appearance stage as other accused persons were not arrested and non- bailable warrant of arrest were issued against the other accused persons. 5. Mr. B. Sarma, learned Addl. Public Prosecutor for the State however submits that the conduct of the petitioners were not fair as the petitioner No. 1 had not followed the direction given in the order dated 16.05.2012 and thereafter flawted the Court’s orders. 6. On consideration of the submissions made at the bar and more so, on the fact that the trial is yet to commence and the other accused persons are yet to be arrested and the petitioners were inside the jail for a considerable length of time, this Court finds it fit that the petitioners be released on bail on furnishing a bail bond of Rs. 20,000/- each with one surety each of the like Page No.# 3/3 amount to the satisfaction of the learned CJM, Nagaon under the following conditions: (1) The petitioners shall appear before the learned Trial Court as and when called for on each and every date. (2) The petitioners will not influence the witnesses connected to the case and (3) The petitioners will not leave the jurisdiction of the learned Trial Court without the permission of the said authority. 7. Petition is disposed of. JUDGE Comparing Assistant