Page No.# 1/3 GAHC010007702025 2025:GAU-AS:1285 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/38/2025 KARTIK DUGAR ALIAS KARTIC DUGAR S/O- LATE KAMAL DUGAR, R/O- JYOTISH NAGAR, 2ND FLOOR DUGAR PARIWAR, P.S. TEZPUR, PIN- 784006, DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR B PUSHILAL, MR. S K SINGH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.02.2025 Heard Mr B Pushilal, learned counsel for the applicant, Sri Kartik Dugar @ Kartic Dugar, who has filed this application for modification of the conditions of bail in the bail order dated 25.06.2024, passed in Bail Application No. 1772/2024. 2. It is submitted that by one condition, the petitioner was restrained from leaving the territorial jurisdiction of the jurisdictional Court without obtaining prior permission of the jurisdictional Court, but the petitioner has to attend to his mother Rajni Dugar, who Page No.# 2/3 has been diagnosed with Cancer, on 03.12.2024. Further, the petitioner is a businessman and he has to travel to different locations of India. It is submitted that the petitioner’s presence is indispensable when it comes to accompany his mother to various medical appointments and treatments. 3. It is submitted that in these extra-ordinary circumstances, where the petitioner’s mother is grappling with life-threatening medical condition, it is morally imperative that restriction on the petitioner’s movement is lifted and the petitioner has prayed to modify the bail condition, enabling the petitioner to attend to his ailing mother without any hindrance or delay. 4. The learned Additional Public Prosecutor has raised serious objection, stating that earlier bail was obtained by the applicant/petitioner by pledging that he would abide by any stringent conditions, and now, petitioner is seeking to ease the conditions and this prayer of the petitioner is not justified. 5. I have scrutinized the medical documents annexed along with this petition. 6. It appears that the petitioner’s mother resides with the petitioner in Assam, at Tezpur and at times, she is taken for treatment to Kolkata Tata Medical Centre. The order of the learned Elaka Magistrate, i.e., CJM, Sonitpur, Tezpur, clearly reflects that the petitioner was granted leave without any hesitation by the Court. 7. At this juncture, this Court is hesitant to modify the order or the bail condition. The petitioner can always apply for leave before the jurisdictional Court/Elaka Magistrate, as Page No.# 3/3 and when required, preferably in writing and if not possible, through his learned counsel. 8. The application is hereby dismissed. However, the applicant/petitioner is at liberty to file any subsequent application for modification of the bail conditions, if urgently required by the applicant/petitioner. 9. In terms of the above observations, this interlocutory application stands disposed of. JUDGE Comparing Assistant