Page No.# 1/4 GAHC010016602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./239/2025 AFJALUR RAHMAN @ ABZALUR RAHMAN S/O LATE BARKAT ALI R/ONAGATILLA, SONAI ROAD, SILCHAR, DIST. CACHAR, ASSAM PERMANENT RESIDENT OF VILL-FULPUR, P.S. FAKIRGANJ, DIST.DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.02.2025 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Ms. R. Deka, learned counsel for the petitioner. Also, heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023, has been filed by the petitioner, namely, Afjalur Rahman @ Abzalur Rahman, detained behind the bars since last 31.03.2024 (for the last 311 days) in connection with Sessions Case No. 121/2024 arising out of the Silchar P. S. Case No. 280/2024 under Section 326/302 of the Indian Penal Code. 3. The learned senior counsel for the petitioner submits that the petitioner has filed this bail application for the second time before this Court. 4. The petitioner has been detained behind the bars since 31.03.2024. 5. It is submitted by the learned senior counsel for the petitioner that on the earlier occasion when the petitioner approached this Court for seeking bail, his prayer for bail was rejected by order dated 09.09.2024, mainly on the ground that at that point of time, two eyewitnesses who happened to be the son and daughter of the petitioner were not examined. 6. It was also observed in the said order that after the examination of the eyewitnesses, the petitioner may move bail application. 7. The learned senior counsel for the petitioner has submitted that now the son and daughter of the petitioner have already been examined by the Trial Court as PW-9 and PW-10 and therefore, further submits that still out of 25 Page No.# 3/4 listed prosecution witnesses, only 10 witnesses are examined and 15 witnesses are yet to be examined, which would take considerable period of time. Hence, the learned senior counsel has prayed for granting bail to the present petitioner. He submits that the petitioner is ready to cooperate with the trial. 8. On the other hand, learned Additional Public Prosecutor, Mr. R. J. Baruah, has objected to the prayer for bail on the ground that though, the son and daughter of the petitioner have already been examined by the Trial Court, however, the fact remains that in their deposition, they have implicated the present petitioner and he also submits that since the offence involved in this case is a heinous offence of murdering his own wife by the petitioner and since 15 more witnesses are yet to be examined, it may not be proper at this stage to grant bail to the present petitioner. 9. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record, including the order passed by this Court on 09.09.2024, as well as the deposition of the children of the present petitioner. 10. Though, there are incriminating materials against the present petitioner in this case, however, as the eyewitnesses have already be examined and 15 more witnesses are still to be examined, which would take considerable period of time. Also, considering the period of detention already undergone by the petitioner, this Court is of considered opinion that if the petitioner cooperates in the trial, his custodial detention may not be necessary. 11. In view of above, the above-mentioned petitioner is allowed to go on bail of Rs. 50,000/- (Rupees Fifty thousand only) with one surety of like amount subject to the satisfaction of the Trial Court, i.e., learned Sessions Judge, Cachar, Silchar with the following conditions: Page No.# 4/4 i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Trial Court. ii. That the petitioner shall co-operate in the investigation. 12. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant