Page No.# 1/3 GAHC010268782024 2025:GAU-AS:4594 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./546/2025 AKHTAR HUSSIAN @ CHINTU ALI AND ANR S/O ISLAM UDDIN VILL-KALITAKUCHI P.S. HAJO DIST.KAMRUP ASSAM PIN-781102 2: CHINTU AHMED @ CHINTU ALI S/O LATE BHOINUR ALI VILL-KALITAKUCHI P.S. HAJO DIST. KAMRUP ASSAM PIN-781102 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 10.04.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A. M. Ahmed, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot in connection with Sessions Case No. 80/2024, arising out of Nalbari P. S. case No. 228/2024, registered under Section 109/118(1)/126(2)/3(5) of BNS. 3. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioners, that the petitioners were arrested on 11.08.2024 and 27.08.2024, respectively. He further submits that the other co-accused have already been granted bail, and from the FIR itself, it is evident that the petitioners are not involved in any conspiracy or the commission of murder. However, the petitioners have been behind bar for last 226 days. The charge sheet has been submitted, and the charges have been framed against the petitioners. Therefore, there is no chance of tampering with or hampering any further evidence. More so, the petitioners are a permanent resident of the addressed locality and are willing to appear before the learned Trial Court on every date fixed, if their bail prayer is allowed. Furthermore, the senior counsel submits that the co-accused has already been granted bail in connection with this case. In light of this, the petitioner prays for enlargement on regular bail on the grounds of parity. 5. On the other hand, Mr. Goswami, the learned Additional Public Prosecutor, has submitted that the accused/petitioners are the main executors of the murder plan and are the individuals who killed the deceased. Thus, he vehemently raised objections to granting bail to the accused/petitioners at this stage. Page No.# 3/3 6. After hearing the submissions made by the learned Advocates on both sides, as well as perusing the case record and the annexures attached to the petition, I find that further custodial interrogation of the accused/petitioners is necessary. Accordingly, I am of the view that this is not a fit case where regular bail can be granted to the accused/petitioners at this stage. Therefore, the prayer for bail stands rejected. 7. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant