Page No.# 1/4 GAHC010204622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2889/2026 MD UMAR FARUK S/O MD ABDUL HAI R O BOHA PAHAR P S MAYONG DISTRICT MORIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, H R KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 223.09.2026 Heard Mr. A. Ahmed, the learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Sessions Case No. 61/2019, pending in the Court of Sessions Judge, Morigaon arising out of Mayong P.S. Case No. 228/2018, registered under Section 302 of IPC. 3. It is the case of the petitioner that, an FIR was lodged against him on 07.06.2018, by his wife alleging inter alia that on 06.06.2018, at around 11:00 PM, her husband, i.e. the petitioner assaulted her 2 and half year old child, as a result of which the child died. The petitioner further states that pursuant to the said FIR, the petitioner was enlarged on bail and that, the charge-sheet was submitted on 30.08.2018 and that he appeared before the Sessions Judge, Morigaon, on 08.08.2019 and he was allowed to remain on previous bail. 4. The learned counsel for the petitioner, however, submits that thereafter, the petitioner could not appear before the learned Sessions Court in connection with the said case and, in the meantime, the Covid-19 pandemic commenced. He further submits that, due to the Covid-19 pandemic, the petitioner could not appear before the Court and, initially, a Bailable Warrant of Arrest (BWA) was Page No.# 3/4 issued against him, and thereafter, Non-Bailable Warrant of Arrest (NBWA) NBWA was issued against the petitioner. The learned counsel further submits that, after the Covid pandemic was over, the petitioner went to Kerala for his work and that, he could not appear before the Court and that he has also lost his contact with the counsels. He further submits that, the petitioner was ultimately arrested on the strength of the Non-Bailable Warrant of Arrest (NBWA) on 08.06.2026 and since then the petitioner is inside the jail. The learned counsel further submits that on 03.08.2026, charges were framed against the petitioner. 5. Mr. B. Sarma, the learned counsel for the petitioner, however, submits that the petitioner stopped appearing before the Court with effect from 02.09.2021 and did not take any steps too. He submits that the said fact is also reflected in the order framing charge against the petitioner. He further submits that, in view of the conduct of the petitioner, he ought not to be released on bail at this stage. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, the trial having started, the petitioner has to prepare his case, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount of the satisfaction of the Sessions Judge, Morigaon, under the following conditions: (i) He shall appear before the Trial Court without fail and if he does not appear even on one single day, the bail will be cancel by the concerned Court. Page No.# 4/4 (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 7. The Bail Applications stands disposed of. JUDGE Comparing Assistant