Page No.# 1/3 GAHC010031772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./410/2025 MUJAMMEL HOQUE S/O ABDUL MAJID, R/O VILLAGE TARAKANDI, P.S. KALGACHIA, DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.03.2025 1. Heard learned counsel Mr.R.Ali for the petitioner, Mujammel Hoque who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 17.09.2024 in connection with Sessions Case No. 266/2024 arising out of Kalgachia P.S.Case No. 123/2024 under Sections 108 of the BNS pending in the Court of learned Sessions Judge, Barpeta. Page No.# 2/3 2. Heard learned Addl.Public Prosecutor Mr. D.P.Goswami for the respondent State. 3. I have considered the submissions at the Bar with circumspection. 4. It is submitted on behalf of the petitioner that initially this case was registered under Section 103 of the BNS but finally formal charge sheet under Section 108 of the BNS was submitted against the petitioner. It is further stated that PW Nos. 1 and 2 have not implicated the petitioner and it is a clear case of acquittal. 5. The petitioner has pledged to co-operate with the trial. 6. I have scrutinized the trial court records. 7. I have considered the submission that the petitioner will co-operate with the trial. 8. I have also considered the submission that the petitioner is the sole bread winner of his family and he has to take care of two minor children. He is a local resident and is not at flight risk. 9. Considering all the aspects, the prayer for bail is allowed. 10. 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 learned trial court under the conditions that:- (i) That the petitioner shall co-operate with the trial and shall appear before the trial court on every fortnight till completion of trial, Page No.# 3/3 (ii) That the petitioners shall not exercise any threats or influence any witness, (iii) That the petitioner shall not leave the jurisdiction of the Court without prior permission. 11. 11. On breach of any of the bail conditions, trial Court is at liberty to cancel bail granted to the petitioner. 12. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant