Page No.# 1/3 GAHC010022452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./306/2025 MD.MISBAH UDDIN AHMED S/O LATE MSLEH UDDIN R/O SAFUR GAON, P.S. MURAJHAR, DIST. HOJAI, ASSAM PIN-782439 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A H SARKAR,MR A K AZAD,G UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.02.2025 1. Heard Mr. N. J. Dutta, learned counsel for the petitioner Md. Misbah Uddin Ahmed. Page No.# 2/3 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 29.01.2025 in connection with GR Case No. 400/2010 arising out of Murajhar P.S. Case No. 62/2010 under Sections 498A/341 of the IPC. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The petitioner is the husband of the informant. It is submitted on behalf of the petitioner that the petitioner was in Dubai and he was unable to attend the Court as the case against him was split up and separated and the case proceeded against the other accused persons who are his present family members and they were acquitted of the charges under Sections 498A/341 of the IPC. 5. Learned Additional Public Prosecutor has raised objection against the bail prayer stating that this is an old case and the petitioner was evading appearance for considerable period of time. 6. I have considered the submission that the petitioner is willing to cooperate with the trial. The petitioner who was earlier in Dubai has returned from Dubai and it is submitted that he is willing to cooperate with the trial and he will not evade appearance. The petitioner has approached this Court as this case was split and separated and he has thus prayed for bail. 7. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Trial Court under the conditions that: (i) The petitioner shall co-operate with the trial, Page No.# 3/3 and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, the Trial Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant