Page No.# 1/3 GAHC010057742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./797/2025 MD ALI AKBAR S/O MD. ANAR ALI, RESIDENT OF VILLAGE BILASIPARA BAZERALGA PART IV, PS BILASIPARA, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A A MONDAL, F KHATUN,MR A ALAM,MR R A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.03.2025 1. Heard Mr. A. Alam, learned counsel for the petitioner Md. Ali Akbar. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 30.12.2024 in connection with Jagiroad Police Station Case No. 249/2024 under Sections 309(4) of the Page No.# 2/3 BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The petitioner has prayed for bail on the ground of parity as vide order dated 10.03.2025 and 03.03.2025, a Co-ordinate Bench of this Court has granted bail to the co-accused of the petitioner in connection with B.A. No. 670/2025 and B.A. No. 573/2025 respectively. 5. The petitioner has thus prayed for bail on the ground of parity. 6. Learned Additional Public Prosecutor has raised serious objection stating that Case Diary is required to be scrutinized to consider the bail petition. 7. I have considered the submission that the petitioner has been behind bars for more than 80 days. It appears that custodial detention may not be required for further progress of investigation as investigation may have presumably progressed substantially by now. 8. I have considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the Elaka Magistrate/Jurisdictional Court under the conditions that: (i) The petitioners shall refrain from such activities with which he is alleged, Page No.# 3/3 (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, the Elaka Magistrate/Jurisdictional Court is at liberty to cancel the bail granted to the petitioner. 11. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant