Page No.# 1/3 GAHC010049602025 2025:GAU-AS:3696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./710/2025 RAKIBUL HUSSAIN @ RAKIBUL ISLAM S/O BAKTAR ALI VILL-CHAMPUPARA GAON P.O. CHAMPUPARA BAZAR P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN,MR. I U CHOWDHURY,MR. A WAHAB Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-03-2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioner Rakibul Hussain @ Rakibul Islam, who has filed this application under 483 of Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars for 132 (One Hundred and Thirty Two) days in connection with Goroimari Police Station Case No. 128/2024 corresponding to PRC Case No. 51/2025 under Section 103/126(2)/3(5) with added Section 61(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. Learned Additional Public Prosecutor has raised serious objection against the bail petition. It is submitted that trial may be adversely affected if the petitioner is enlarged on bail. He may be a threat to the witnesses considering his aggressive nature as this is a case of murder of young man by a mob. 3. I have considered the submissions at the bar with circumspection. I have also scrutinized the Trial Court Records. The petitioner is charged with the murder of one Lohit Hussain. 4. The allegation is that a mob killed the deceased. 5. I have considered the fact that charge sheet has been laid. I have considered the submission that the petitioner is willing to cooperate with the trial. The petitioner is a local resident and he is not a flight risk. The petitioner is willing to abide by any stringent bail conditions if imposed upon them. 6. Considering all aspects, petition is allowed. 7. The petitioner is 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 Chief Judicial Magistrate, Kamrup under the conditions :- Page No.# 3/3 (i) the petitioner shall not exercise threats to the witnesses and cooperate with the trial and; (ii) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 8. On breach of any of the bail conditions, the Trial Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant