Page No.# 1/3 GAHC010030412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./441/2025 ENAMUL HOQUE S/O LATE MUBARAK HUSSAIN, RESIDENT OF LOCHANABORI WARD NO. 4, PS MOIRABARI, DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAMA Advocate for the Petitioner : I AMIN, MR M H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.02.2025 1. Heard Mr. M. H. Ahmed, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, has been filed by the petitioner namely, Enamul Hoque, who is detained behind the bars since 12.01.2025. Page No.# 2/3 3. The learned counsel for the petitioner has submitted that the petitioner is facing a Trial for offence alleged to have committed under Section 420 of Indian Penal Code in PRC Case No. 63/2025. 4. The learned counsel for the petitioner has submitted that the petitioner is ready to face trial. However the Trial Court by order dated 07.02.2025 had rejected the prayer for bail merely on the basis of submission made by the learned Additional Public Prosecutor before the said Court that the Trial would be completed within a week or two and the petitioner, if on bail, would have an opportunity to linger the trial. 5. I have heard the learned Additional Public Prosecutor for the State also. Apparently the reasons mentioned in the rejection order by the learned Chief Judicial Magistrate, Morigaon, under the facts and circumstances of this case does not appear to be good ground for rejecting a bail when the charge-sheet has been laid and the petitioner is ready to face Trial on 21.02.2025. 6. It appears from the record that there are 6 listed prosecution witnesses in the charge-sheet. So unlike, what has been submitted by the prosecution side before the Trial Court, the trial would not complete within a week or two and it will need sometime. This court finds no reasons for keeping the petitioner detained behind the bars when he is willing and ready to face trial and no other accusations has been made against him like attempt to tamper evidence or fleeing from the course of justice. 7. Under above circumstances this Court is inclined to grant bail to the above named petitioner. The petitioner is allowed to go on bail of Rs. 30,000/-(Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Morigaon, with following conditions:- Page No.# 3/3 i. That the petitioner shall co- operate in the Trial. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any of the listed witnesses, so as to dissuade them from deposing against him in the pending Trial before the Trail Court. 8. With above observation this bail application is disposed of. JUDGE Comparing Assistant