Page No.# 1/2 GAHC010198532026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2730/2026 SRI HAREN DAS SON OF SRI NAKULESWAR (NAKUL) DAS, VILLAGE- MAGHE ROWMARI (NATUN ROWMARI), P.O. BATIAMARI, POLICE STATION- BEHALI, DISTRICT- BISWANATH, ASSAM, PIN- 784179 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D SAIKIA, Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.09.2026 Heard Mr. D. Saikia, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/2 Mr. Borthakur, learned Addl. P.P., referring to a decision of Hon'ble Supreme Court in the case of Bikramjit Singh v. State of Punjab, reported (2020) 10 SCC 616, submits that the earlier bail application of the present accused was rejected by the Special Court in the matter concerning offences under the Unlawful Activities (Prevention) Act, 1967 and the offences under which the case has been registered against the present accused are also the schedule offence under the N.I. Act and as such, under Section 21 of the N.I. Act, only appeal will be maintainable before a Division Bench of the High Court, not by an application under Section 483 of the BNSS, 2023. At this stage, Mr. Saikia, learned counsel for the accused submits that he may be allowed to withdraw this application with liberty to approach this Court again by filing appropriate petition and he also submits that the Registry may be directed to return his Vakalatnama in this matter. Accordingly, taking note of the submission of learned counsel for both the parties, Mr. Saikia is allowed to withdraw this application with a liberty to approach this Court again by filing appropriate petition. Registry shall return the Vakalatnama and the relevant papers filed in this bail application to the learned counsel for the accused. Comparing Assistant Sd/- Robin Phukan JUDGE