Page No.# 1/4 GAHC010064052025 2025:GAU-AS:5529 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./943/2025 CHUNEN NARZARY S/O LATE SHIBALAL NARZARY R/O VILL-PUB BORPATHAR, P.S. KACHUA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. O P BHATI, S. K. GUPTA,MR. P SARMA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05.05.2025 Heard Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Baithalangso P.S. Case No. 49/2024, under sections 318(4)/64/351(2)/74 of BNS. Scanned copy of the case record has already been received and I have perused the same. It is submitted by Mr. Sarma, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any offence as alleged in the F.I.R. However, he got arrested in connection with this case on 15.10.2024 and since then, he is in custody. He further submitted that the earlier bail petition of the petitioner was rejected by this Court on 20.01.2025 in Bail Appln. No. 3759/2024 considering the fact that the victim was not examined at the time of passing the order. However, at this stage, as per his instruction, already 3 (three) witnesses have been examined by the prosecution including the victim of this case. He further submitted that the accused, being the permanent resident of his addressed locality, will regularly appear before the Page No.# 3/4 learned Trial Court and will contest the trial if he is granted with the privilege of bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that it is a fact that 3 (three) witnesses are already been examined by the prosecution and the victim was a major at the time of incident. However, the victim, who was examined by the prosecution, had brought sufficient incriminating materials against the present petitioner and there may be probability of hampering the evidences of the prosecution witnesses if the accused is allowed to go on bail at this stage and hence, he raised objection in granting bail to the accused/petitioner. Considering the submissions made by the learned counsels for both sides and also considering the fact that the victim has already been examined by the prosecution and hence there may not be any probability of hampering or tampering the evidence of vital witnesses of the prosecution, viz-a-viz considering the length of detention already undergone by the present accused/petitioner, I am of the view that further custodial detention of the accused/petitioner is not necessary in this case and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, West Karbi Anglong, Hamren, the accused/petitioner, namely, Chunen Narzary, be enlarged on bail, subject to the Page No.# 4/4 following conditions: (i) 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 (ii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, West Karbi Anglong, Hamren, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant