Page No.# 1/3 GAHC010053122025 2025:GAU-AS:3213 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./858/2025 SAIFUL ISLAM @ SHAIFUL ISLAM KHAN AND ANR S/O AJMAT ALI KHAN R/O BETABARI GAON, P.S BARPETA, DISTRICT- BARPETA, ASSAM 2: SHAHIDA KHATUN @ SHAHIDA KHANAM S/O AJMAT ALI KHAN R/O BETBARI GAON DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR S H SIKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.03.2025 1. Heard learned counsel Mr. S. M. Abdullah P for the petitioners namely, (i) Saiful Islam @Shaiful Islam Khan, and (ii) Shahida Khatun @Shahida Khanam. Page No.# 2/3 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 28.01.2025 in connection with Sessions Case No. 37/2025 arising out of Barpeta Police Station Case No. 33/2025 under Sections 61(2)/117(3)/118(2)/109(1)/3(5) of the BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. I have considered the submissions at the Bar with circumspection. 5. It is submitted that charge-sheet has been laid against the petitioners and the victim has already been examined as a witness by the Trial Court. It is further submitted that the petitioners son is appearing in his Class-XI Board Examination and the petitioners son is suffering immensely as his parents are behind bars and he has to appear in his examinations without the support of his parents. 6. I have considered the submission that the petitioners are willing to abide by any stringent bail conditions if imposed upon them. It appears that bail may be granted to the petitioners. 7. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioners shall not exercise threats to the witnesses or try to influence the witnesses, and (ii) The petitioners shall co-operate with the trial and not leave the jurisdiction of the Court without prior permission till completion of trial. Page No.# 3/3 8. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant