Page No.# 1/3 GAHC010021072026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./366/2026 MOSTAFIZUR RAHMAN S/O FARMAN ALI VILL.- BONPURA, P.S.- MUKALMUA DIST. NALBARI, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR D BHATTACHARYA, D GOSWAMI,MS S DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.05.2026 1. Heard Mr. D. Bhattacharya, learned counsel for the appellant. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS has been filed by the petitioner, namely, Mostafizur Rahman, who has been detained behind bars since 02.03.2025 in connection with Sessions Case No. 37/2025 corresponding to Mukalmua P.S. Case No. 48/2025 under Section 64(1) of BNS, 2023. Page No.# 2/3 3. It appears that this is for the third time the petitioner has approached this court seeking bail. His main ground for seeking bail this time is that he is suffering from ailment, namely, kidney stone and for better treatment, he is required to take treatment in a specialized hospital. 4. The learned counsel for the petitioner submits that if the petitioner is granted bail, he is ready to co-operate in the trial. He also submits that the examination of victim has been done by the trial court. However, her further examination is fixed on another day. 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail at this stage and has submitted that the victim girl has implicated the present petitioner in the offence with which he has been charged with. He further submits that the examination of victim girl is not yet complete. He also submits that there is one independent witness also who has identified the petitioner in the test identification parade. He submits that the prayer for bail may only be considered after the independent witnesses including the victim girl are examined by the trial court as releasing the petitioner on bail at this stage may give him an opportunity of influencing the victim girl and the independent witness. 6. The learned Additional Public Prosecutor has also produced the up-to- date health report of the petitioner given by the jail doctor. 7. I have considered the submissions made by learned counsel for both sides. I have also perused the materials on record. 8. On perusal of the health status report of the petitioner, it appears that he has been diagnosed with having kidney stones in both of his kidneys. Page No.# 3/3 However, his condition is under control and he has been provided treatment in the Nalbari Medical College and Hospital. It also appears from the status report of the trial pending against the present petitioner that the examination of victim girl has not been completed and her further examination-in-chief is fixed on 07.05.2026 i.e., tomorrow. 9. The trial court shall make all endeavor to examine the victim girl and the independent witness who had identified the petitioner during test identification parade as expeditiously as possible. 10. After examination of the victim girl and the independent witness, the petitioner may approach the trial court and may seek bail before the said court. 11. However, at this stage, this court is not inclined to grant bail considering the status of the trial. 12. The Superintendent of Nalbari District Jail is directed to provide all necessary medical treatment which is required to be given to the petitioner. 13. With above observation, this bail application is disposed of. JUDGE Comparing Assistant