Page No.# 1/3 GAHC010049792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./721/2026 JITU MONI HALOI S/O LATE SABIN HALOI H/NO. 50, BISHNU RABHA PATH SUB-BYE LANE - BANI PATH,P.O.AND P.S. BASISTHA,DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M CHOUDHURY, MR. P AHMED,MR S DIFUSA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.07.2026 Heard Mr. M. Choudhury, learned Counsel for the petitioner as well Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/3 Sessions Case No. 185/2025 pending in the Court of Additional Sessions Judge No.2. Kamrup(M) corresponding to Dispur P.S. Case No.414/2025 registered under Section 140(3)/120(b)/103(1)/238(a)(b)/61(2)(a)/3(5) of the BNS, 2023. It is noticed in the present case that two numbers of FIRs are lodged, one when the deceased was missing after he went to his tuition classes. The said FIR was lodged by the mother of the victim stating that the victim was not traceable and thereafter when the body of the victim was recovered, another FIR was lodged by the father of the victim stating inter alia that his 10 years old child went for tuition and that he did not return after that and his body was found. The informant further stated that his son was killed by the petitioner on the instigation of the mother of the child. The police after completion of the investigation had submitted charge sheet against both the petitioner and the mother of the child. On completion of the necessary formalities, the trial started and it has been stated that four numbers of witnesses were already examined. 3. The learned Counsel for the petitioner submits that the petitioner was arrested on 11.05.2025 and till date he is inside the jail and he further submits that there are total of 16 witnesses to be examined during the trial and out of the said 16 witnesses, only four witnesses has been examined and another 12 witnesses are yet to be examined and as such, he submits that the petitioner has been inside the jail for long and his bail prayer be accepted by this Court. 4. On the other hand, Ms. 4. On the other hand, Ms. S.H. Bora, learned Additional Public Prosecutor for the State submits that there are enough materials against the petitioner being the perpetrator of the offence. She submitted the confessional statement given by the petitioner under Section 183 of the BNSS, 2023, wherein he had stated in Page No.# 3/3 details as to how he had killed the deceased. She further relied on the statement recorded under Section 183 of the BNSS of one of the witnesses, wherein witness had stated that she had seen the deceased along with the petitioner on the night of 10.05.2025. 5. Upon consideration of the submissions made by the learned Counsels for the parties, more so, in view of the fact that the petitioner has been inside the jail for more than a year and there are 12 witnesses to be examined by the Trial Court, this Court finds it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 30,000/- with one local surety of the like amount to the satisfaction of Additional Sessions Judge No.2. Kamrup(M) under the following conditions: i) the petitioner will appear before the Trial Court as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the said Court i.e. Additional Sessions Judge No.2. Kamrup(M). iv) if the petitioner does not appear before the Trial Court even on one single day, the said bail order is amenable to cancellation by the learned Trial Court. 6. Petition is disposed of. JUDGE Comparing Assistant