Page No.# 1/3 GAHC010153982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2103/2026 LAOSONG ALIAS LOUSUM BASUMATARY AND ANR S/O- NALIA BASUMATARY, R/O- VILL DIPANJALI, LAUDANGI, P.S- DHEKIAJULI, DIST-SONITPUR, PIN-784110, ASSAM. 2: LUIS NARZARY S/O- RAJEN NARZARY R/O- R/O- VILL DIPANJALI LAUDANGI P.S- DHEKIAJULI DIST- SONITPUR PIN-78411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. K L R YANTHAN,MR. P S BISWAS,MS. R DEVI,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 30.07.2026 Heard Mr. S.C. Biswas, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State Page No.# 2/3 respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by two accused, namely, Laosong @ Lousum Basumatary and Luis Narzary, who have been languishing in jail hazot since 08.05.2026, in connection with Sessions Case No.78/2018, pending before the Court of learned Sessions Judge, Sonitpur at Tezpur, for grant of bail. 3. Mr. Biswas, learned counsel for the accused submits that the accused were appearing before the learned Trial Court during the course of trial, but due to some difficulties, they could not appear before the learned Trial Court on 03.11.2025, for which their counsel had filed one application, but the same was rejected and NBWA were issued against them and subsequently, they were arrested and remanded to jail hazot, vide order dated 08.05.2026 and since then, they are languishing in jail hazot. He also submits that the case is at the last stage of trial and there remains to examine only one witness and that the accused will appear before the learned Trial Court regularly and therefore, he has contended to allow this application. 4. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, Assam, has opposed the petition, on the ground that the accused had defaulted in appearing before the learned Trial Court, for which the trial is delayed considerably and that the case is pending since the year 2018 and if the accused are enlarged on bail, it will cause further delay in trial and therefore, he has contended to dismiss the petition. 5. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and it appears that non-bailable warrant of arrest was issued against both the accused on 03.11.2025, and prior to that day they were regularly appearing before the learned Trial Court. They were arrested on 08.05.2026, on the strength of NBWA and produced before the learned Trial Court and thereafter, they were remanded to judicial custody and since then they are languishing in jail hazot for last 83 days. 6. It is a fact that the case is pending since the year 2018, and their non-appearance cause delay in disposal of the same. But, it appears that prior to issuance of non-bailable Page No.# 3/3 warrant of arrest on 03.11.2025, they were regularly appearing before the learned Trial Court. Accordingly, taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this application. 7. It is provided that on furnishing a bail bond of ` 25,000/- each, with one surety of like amount to the satisfaction of the learned Sessions Judge, Sonitpur at Tezpur, both the accused persons, namely, Laosong @ Lousum Basumatary and Luis Narzary, shall be enlarged on bail. Further, the learned Trial Court will be at liberty to impose any other condition on the accused to ensure their presence during the trial. 8. In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE