Page No.# 1/3 GAHC040016062025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/117/2025 Smti Manju Gogoi C/o Balin Gogoi, permanent resident of Village Kukurjan, PO and PS Gohpur, Biswanath District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Sibon Engti, Talin Dukam Rigia Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 25.09.2025 Heard Mr. S. Engti, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Addl. Public Prosecutor, appearing on behalf of the respondent State of Arunachal Pradesh. 2. This bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking release of the accused Shri Mintu Gogoi who has been arrested in connection with Itanagar P.S. Case No. 160/2024, registered under Section 303(2) of the Bharatiya Nyaya Sanhita(BNS), 2023, on regular bail. Page No.# 2/3 3. The case of the petitioner is that the accused, herein, was arrested on 22.06.2025, and since then, he has been inside the custody for about 95 days as on date. In the meantime, the police has already submitted the charge-sheet in the case and trial is yet to commence. 4. It is submitted by Mr. Engti, learned counsel for the petitioner, that the accused is the only bread-earner of his family and there is none to look after his ailing mother who is presently undergoing treatment for her ailment at Tezpur Medical College & Hospital, Bihaguri. The learned counsel has further submitted that the accused has been falsely implicated in the case and the main accused Salman Hoque has already been enlarged on bail by the learned Court of Judicial Magistrate First Class, Yupia, on 15.09.2025. Mr. Engti, learned counsel, has, therefore, prayed that the accused be also released on bail on health ground of his mother and on parity. 5. Ms. L. Hage, learned Additional Public Prosecutor, Arunachal Pradesh, has fairly submitted that considering the present health condition of the mother of the accused and the length of detention of the accused for a period of about 95 days as well as taking into account the fact that the prime accused of the case i.e. Salman Hoque has already been enlarged on bail by the learned Court of Judicial Magistrate First Class, Yupia, she has no objection to the grant of bail to the accused, herein, however, with strict bail conditions to ensure his attendance in trial. 6. In view of the above and considering the health condition of the mother of the accused who is undergoing treatment in the Hospital and there being none to look after her, and also considering the fact that the accused has been inside the custody for a considerable period of about 95 days and that the prime accused Salman Hoque has already been enlarged on bail by the learned Court of Judicial Magistrate First Class; this Court is of the considered opinion that custodial detention of the accused may no longer be required at this stage. Page No.# 3/3 7. Accordingly, without going into the merit of the case, the instant bail application is hereby allowed on the grounds indicated above. 8. The accused Shri Mintu Gogoi is directed to be released on bail in connection with Itanagar P.S. Case No. 160/2024, registered under Section 303(2) of the Bharatiya Nyaya Sanhita(BNS), 2023, upon furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) only with 2(two) sureties of like amount to the satisfaction of the learned trial Court subject to the following conditions: (i). that 1(one) out of the 2(two) sureties shall be the resident of the State of Arunachal Pradesh; (ii). the accused shall appear before the learned trial Court for trial on each date as may be fixed by the learned trial Court; and (iii). that the accused shall not, directly or indirectly, make any inducement, threat 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. 9. With the above directions, the bail application stands disposed of. 10. The trial Court records be returned forthwith. JUDGE Comparing Assistant