Bail Appln./1038/2026 of JAMIR HUSSAIN Vs THE STATE OF ASSAM on 6 May 2026

ORDER

Date : 07-05-2026 Heard Mr. I.A Hazarika, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P appearing for the State. This is an application under Section 483 BNSS, 2023 praying for granting regular bail to the accused/petitioner, namely Jamir Hussain in connection with Sessions Case

No. 80 of 2026 arising out of Dhekiajuli P.S Case No. 53/2016 u/s 341/326/307/420/34 of IPC r/w section 25(1-A) of Arms Act which is pending before the learned Sessions Judge, Sonitpur, Tezpur for trial. It is stated and submitted that the petitioner has initially appeared and in the trial in which five witnesses have already been examined including the informant/victim. However, subsequently during the period of COVID there was miscommunication with his learned counsel who also expired, in the meantime, and due to this default in appearance for a significant period NBWA and P&A came to be issued and on the strength of the NBWA, he was arrested on 12.03.2026 and on the same day, he was remanded to custody. It appears that the petitioner and another accused, Maibong Swargiary are the two accused facing trial in this case. The other accused has also not appeared. It is submitted by the learned counsel for the petitioner that apart from the progress of trial earlier, the informant/victim has not also been implicated by the petitioner in his evidence. The scanned TCR has been received. The learned Additional P.P submits that charges were framed by the learned Trial Court on 26.03.2026 after the arrest of the petitioner and thereafter, five witnesses examined and the next date fixed by the prosecution was fixed on 15.05.2026. The copies of the deposition of the informant/victim has been placed before me and I find that during the trial the informant/victim as PW-2 declared hostile and was cross-examined by the prosecution. It is submitted on behalf of the accused/petitioner that that he will participate in the trial and he shall not abscond. Considering the projected circumstances in which the petitioner stated to have defaulted in appearance, the progress of trial and also the undertaking on behalf of the accused- I am of the considered view that he can be given an opportunity to participate in the trial on bail. In such view of the matter, it is directed that, the accused/petitioner be allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount each to the satisfaction of the learned Trial Court and subject to the conditions that; he shall not abscond; he shall be available for the remaining trial and he shall not hamper or tamper with the evidence. Violation of the bail conditions will entail cancellation of the bail. The bail application stands disposed of. JUDGE Comparing Assistant