Page No.# 1/4 GAHC010014202025 2025:GAU-AS:2999 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./199/2025 JEHERUL ISLAM AND 2 ORS. S/O LATE EKABBAR ALI R/O VILL- 2 NO. KANDHBARI P.S.MUKALMUA DIST NALBARI, ASSAM 2: HAIDER ALI @ HAYED ALI S/O LATE EKABBAR ALI R/O VILL- 2 NO. KANDHBARI P.S.MUKALMUA DIST NALBARI ASSAM 3: JAHIRAN BIBI W/O LATE EKABBAR ALI R/O VILL- 2 NO. KANDHBARI P.S.MUKALMUA DIST NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, AMINUR RAHMAN Advocate for the Respondent : PP, ASSAM, MR A RAHMAN (INFORMANT),MR. S MUNIR(INFORMANT) Page No.# 2/4 B E F O R E HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 20.03.2025 Heard Mr. HRA Choudhury, learned Senior counsel assisted by Mr. AT Sarkar, learned counsel for the petitioners. Also heard Mr. P Borthakur, learned Addl. Public Prosecutor, Assam appearing for the State respondent and Mr. S Munir, learned counsel for the informant. 2. This is a third bail application before this court under Section 483 of the Bharatiya Nagarik Surakshya Sanhita (BNSS), 2023 for granting regular bail to the petitioners, namely 1. Jeherul Islam, 2. Haider Ali @ Hayed Ali and 3. Jahiran Bibi, who were arrested on 27.08.2024 in connection with Session Case No. 73/2024 under Section 120B/302/323/324/325/326 IPC pending in the court of Sessions Judge, Nalbari arising out of Mukalmua Police Station Case No. 136/2024. 3. It is pertinent to mention that this Court vide order dated 02.07.2024 passed in AB 1491/2024 had rejected the bail of the petitioners and vide order dated 10.09.2024 passed in AB 2002/2024 had also rejected the anticipatory bail of the petitioner, Johiran Bibi. 4. Mr. Choudhury, learned Senior counsel for the petitioners submits that the petitioners have been languishing in jail since 27.08.2024. He further submits that the investigating authority has already submitted charge-sheet against the petitioners under Section 120(B)/302/323/324/325/326 IPC and the petitioners have been facing trial before the learned Sessions Judge, Nalbari. It is also Page No.# 3/4 submitted by Mr. Choudhury, the learned Senior counsel that the case is pending at evidence stage and the accused/ petitioners are co-operating with the trial. 5. Mr. P Borthakur, learned Addl. P.P submits that the investigation has substantially progressed and presently the case is pending at evidence stage. Mr. S Munir, learned counsel for the informant has vehemently raised objection in granting bail to the petitioners. 6. Scanned copy of the records as called for has been received. 7. I have heard the submissions made at the Bar and have perused the materials available on record. 8. Considering the entire facts and circumstances including the stage of trial, period of detention in jail and material so far collected and also taking note of possibility of the petitioners to hamper or tamper with the evidence, this Court is of the considered view that further detention of the petitioners may not be justified during the trial. 9. Accordingly, it is provided that the petitioners named above shall be released on bail, in connection with the above noted case, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each only with one surety of like amount to the satisfaction of learned Sessions Judge, Nalbari subject to the following conditions that:- i) The accused petitioners shall cooperate with the trial; ii) The accused petitioners 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; Page No.# 4/4 iii) The petitioners shall not leave the jurisdiction of learned Session Judge, Nalbari without due permission from him; and iv) The learned Session Judge, Nalbari shall be at liberty to add any other condition as it may think and proper. 10. The Bail Application stands disposed of. JUDGE Comparing Assistant