Gauhati High Court
Bail Appln./70/2026 of Sh. Lalmalsawma Vs The State of Mizoram on 12 August 2026
GAHC030005472026 THE GAUHATI
GAHC030005472026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./70/2026
Sh. Lalmalsawma
S/o P. Khama(L), R/o Hmar Veng, Kolasib, Mizoram, Pin -796081
VERSUS
The State of Mizoram
Aizawl
Advocate for the Petitioner : Mr. C Tlanthianghlima, Legal Aid Counsel Advocate for the Respondent : P.P./Addl.PP, Mizoram
B E F O R E
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
13.08.2026
Heard Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the petitioner. Also heard Mrs. Mary L. Khiangte, learned Addl. PP for the State.
2. This is an application filed under Section 483 of the BNSS, 2023 for grant of bail to the petitioner in connection with SC (K) No. 13/2025 arising out of EX KLB C/No. 199/2025 u/s 21(b) & 29 (1) of ND&PS Act. The petitioner was arrested on 07.04.2025 and has been in custody ever since.
3. The learned counsel for the petitioner has submitted that the trial has proceeded and according to his instructions it was at the stage of recording the statement of the accused under Section 313 Cr.PC. The learned counsel for the petitioner has submitted that at this stage there can be no question of the petitioner of hampering or tampering with the prosecution case or evidence in any manner whatsoever. The learned counsel for the petitioner has also submitted that a co-accused in the matter who was also facing trial had been granted bail by this Court in Bail Appln. No. 58/2025 by order dated 27.01.2026 by taking into account the length of incarceration suffered by the co-accused.
4. The learned counsel for the petitioner has submitted that the present petitioner has undergone a longer period than his co-accused and therefore, this Court will consider the grant of privilege bail to the present petitioner. The learned counsel for the petitioner has further submitted that even otherwise, notices under Section 48 of the BNSS, 2023 had not been served upon any family, friend or relative of the petitioner at the time of his arrest and even such view in the matter, the arrest of the petitioner and the continued custody would become illegal and the petitioner would be entitled to be considered for grant of bail.
5. The learned Addl. PP has submitted that the trial of the petitioner has proceeded at good pace and now, at the fag end of the trial, there would be no requirement to consider the case of the petitioner for grant of bail. She has further submitted that the TCR have not arrived in full, since only orders upto 15.03.2025 are available and the rest of the orders are not available.
6. I have gone through the TCR available and I have also considered the submissions made on behalf of the petitioner and the objections raised by the learned Addl. PP. The records do not contain copy of notice under Section 48, BNSS, to the family/friend/relative of the petitioner.
7. Considering the period of incarceration already undergone by the petitioner and also the fact that the prosecution evidence is over, I do not consider further custodial detention of the petitioner necessary, in the event strict conditions are imposed to ensure his further participation in the trial.
8. Accordingly, it is provided that on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) only with two sureties of the like amount, one of such sureties being a government servant, to the satisfaction of the learned Fast Track Court, Kolasib District, Kolasib, Mizoram, the petitioner, namely Sh. Lalmalsawma, shall be allowed the privilege of bail in connection with SC (K) No. 13/2025 arising out of EX KLB C/No. 199/2025 u/s 21(b) & 29 (1) of ND&PS Act, subject to the following conditions:-
(i) that the petitioner shall appear before the Court of learned Fast Track Court, Kolasib District, Kolasib, Mizoram, on each and every date to be fixed by the Court.
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned Fast Track Court, Kolasib District, Kolasib, Mizoram and
(iv) that the petitioner shall not leave the jurisdiction of the learned Fast Track Court, Kolasib District, Kolasib, Mizoram.
9. Bail Application is accordingly disposed of.
JUDGE Comparing Assistant