Page No.# 1/4 GAHC010014192025 2025:GAU-AS:3000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./209/2025 SAHIDUL ISLAM AND ANR. S/O LALMAMUD ALI R/O VILL- 2 NO KANDHBARI P.S. MUKALMUA DIST. NALBARI, ASSAM 2: LALMAMUD ALI S/O ALIMUDDIN 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) B E F O R E HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 20.03.2025 Page No.# 2/4 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. Sahidul Islam and Lalmamud Ali 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 Bail Appln. No.1879/2024 had rejected the bail application of the petitioner, Sohidul Islam and order dated 02.07.2024 passed in AB 1491/2024 had also rejected the anticipatory bail of the petitioner, Lalmamud Ali. 4. Mr. Choudhury, learned Senior counsel for the petitioners submits that the petitioners have been languishing in jail since 02.06.2024 & 20.08.2024. 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 submitted by Mr. Choudhury, the learned Senior counsel that the case is pending for 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 Page No.# 3/4 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 record 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) 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 and shall not unnecessarily delay 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; and iii) The petitioners shall not leave the jurisdiction of learned Session Page No.# 4/4 Judge, Nalbari without due permission from him. 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