Page No.# 1/5 GAHC010124912026 2026:GAU-AS:12151 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1668/2026 AMON PAUL SON OF LATE NISHI CHANDRA PAUL, A RESIDENT OF VILLAGE THAILO COLONY, P.O. THAILOO T.E., P.S. JOYPUR, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, J P BAISHYA,MR. JITU SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 25.08.2026. Heard Mr. S. D. Purkayastha, the learned counsel for the petitioners. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor, Assam appearing on behalf of the State respondent. 2. This is second regular bail application preferred by the accused petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer Page No.# 2/5 for bail as the petitioner is behind bar since 14.08.2025 in connection with Sessions Case No. 26/2026, pending in the Court of learned Sessions Judge, Cachar, Silchar [corresponding to G.R. No. 140/2025 (PRC No. 157/2025) and Joypur Police Station Case No. 22/2025]. 3. Scanned copy of the TCR along with the Case Diary has already been received and perused the same. 4. It is submitted by Mr. Purkayastha, the learned counsel for the petitioner that the present accused/petitioner is in custody since 14.08.2025 and till date, ten (10) numbers of witnesses out of sixteen (16) have already been examined. However, since last seven consecutive dates, the witnesses are not appearing before the learned Sessions Judge, Cachar at Silchar. He further submitted that all the vital witnesses have already been recorded and the petitioner being the permanent resident of the addressed locality, there is no chance of absconding, if he is granted with the privilege of bail. He further submitted that the co- accused has already been granted bail by this Court, considering the materials on record and at present, considering the length of detention already undergone by the accused petitioner vis-à-vis the progress of the trial, his bail prayer may be considered. Mr. Purkayastha, the learned counsel for the petitioner further submitted that there is no eye witness to the incident and the entire case is based on the circumstantial evidence. He further submitted that though some observations has been made by the learned Sessions Judge, Cachar at Silchar, while rejecting his bail prayer, but there is no such materials on record to held that the present accused/petitioner committed the murder of the deceased. Furthermore, the accused petitioner is ready to furnish sufficient surety if he is granted with the privilege of bail. Page No.# 3/5 5. Mr. Das, the learned Additional Public Prosecutor, Assam raised vehement objection and submitted that there are sufficient incriminating materials against the present accused/petitioner, which has been reflected by the learned Sessions Judge, Cachar at Silchar in his order dated 21.01.2026, wherefrom also it is seen that the present accused/petitioner had committed the murder of deceased by grabbing her head and by cutting her throat with a stainless steel blade. Mr. Das further submitted that from the charge sheet as well as from the evidence of the Magistrate recorded as PW.4 also, it reveals that during investigation, the crime scene was re-created in presence of the present accused/ petitioner, wherein the accused petitioner has admitted his guilt as to how the murder was committed and blood stain was also found in the crime scene. Accordingly, Mr. Das, the learned Additional Public Prosecutor, Assam vehemently objected the present bail application and submitted that if the accused petitioner is released on bail at the fag end of the trial, it may hamper the further trial of the case and submitted that the present bail petition may be rejected at this stage. 6. Hearing the submission of learned counsel for both sides, I have also perused the scanned copy of the Trial Court Record along with the case diary. 7. From the record, it is seen that out of 16 numbers of cited witnesses, 10 have already been examined by the prosecution. However, it is an admitted fact that since on last seven consecutive dates, the prosecution witnesses are absent, though the learned Sessions Judge took his best effort to procure the attendance of the witnesses. It is also an admitted fact that the case is based on circumstantial evidence wherein the victim was found dead with a sharp cut injury on her throat and as per the post mortem report also, the Page No.# 4/5 victim/deceased died due to sharp cut injuries sustained by her. 8. Though the case is based on circumstantial evidence but during the investigation, the police had created the crime scene in presence of the Magistrate, wherein the accused/ petitioner had confessed his guilt and blood stained areas were also found at the time of creating the crime scene. 9. That apart, the case of the prosecution is also supported by the PW.4, the Magistrate in whose presence, the entire crime scene was created and the statement of the accused was also recorded. In the same time, it is also seen that the case is progressing in a good pace and within a reasonable period of time, the learned Trial Court had already recorded the statement of 10 witnesses and the case is at the fag end of trial and considering the nature and gravity of the offence, the probability of absconding of the petitioner at this stage also cannot be denied. 10. The Hon’ble Apex Court has held in the case of Narcotics Control Bureau Vs. Mohit Agarwal [Criminal Appeal Nos. 1001-1002 of 2022, arising out of SLP (Crl.) No. 6128 of 2021] that long incarceration or delay in disposal only cannot be the sole ground for entertaining the bail application. 11. Considering the entire facts and circumstances of the case, this Court is of the opinion that only considering the period of long incarceration, bail cannot be granted to the present accused petitioner at this stage and accordingly, the same stands rejected. 12. However, the learned Sessions Judge, Cachar at Silchar is hereby directed to make all endavour to complete the trial of the case as early as possible and Page No.# 5/5 preferably within six (6) months from today. 13. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant