Page No.# 1/4 GAHC010042012025 2025:GAU-AS:3411 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./544/2025 SABBIR MIRDHA S/O BASIT MIRDHA, RESIDENT OF VILLAGE RAMFALBIL, PS SERPHANGURI DIST KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MR. R K SARMA,MR J DAS,MR T CHAKRABORTY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26.03.2025 Heard Mr. T. Chakraborty, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023, praying for grant of bail to the accused/petitioner, who has been arrested in connection with STF P.S.(Assam) Case No. 21/2024, under Sections 61(2)/147/148/149 of BNS read with Sections 10/13/16/18/18B/20 of UA(P) Act, 1967 read with Section 12(1) (a) of Passport Act, 1967. 3. It is submitted by Mr. Baruah, learned Additional Public Prosecutor, that though the Case Diary was received earlier, but the same had to be returned back to the I.O. in connection with the other matter. 4. Mr. Chakraborty, learned counsel for the petitioner, submitted in this regard that the statutory period of 90 days has already been over and today is 91 days the accused/petitioner is behind the bar and till date, there is no prayer made by the I.O. for extension of time for investigation. Accordingly, it is submitted that the present accused/petitioner is entitled for default bail. 5. In this context, Mr. Baruah, learned Additional Public Prosecutor, submitted that the I.O. was in process of filing the application for extension of time for investigation, but as per his instruction, the same has not been filed till date. Page No.# 3/4 6. Considering the submissions made by the learned counsels for both sides and also considering the fact that the I.O. failed to file the Charge-Sheet within the stipulated period of 90 days nor there is any prayer for extension of time for investigation, without going through the merit of the case, I find it a fit case to extend the privilege of bail to the accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, N.I. Act, Kamrup, Guwahati, the accused/petitioner, namely, Sabbir Mirdha, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, N.I. Act, Kamrup, Guwahati, without prior permission. Page No.# 4/4 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant