ORDER

Date : 07.08.2020 Heard Mr. S.M. Mollah, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned APP appearing for the State.

In terms of previous direction dated 28.07.2020, it has been submitted that the trial is not progressing as the witnesses are not been examined and the proceedings of GR Case No. 4842/2012 corresponding to Palashbari PS Case No. 118/2012 is only for production of the accused under the preset Covid-19 situation.

By this application under Section 439 Cr.P.C., the petitioner, who was arrested on

06.03.2020 in connection with the aforesaid case is seeking bail. This is a second application for grant of bail after rejection of the previous bail application i.e. BA 1168/2020 by order dated 10.06.2020.

The learned counsel for the petitioner has submitted that on 12.02.2012 the Investigating Officer had submitted charge-sheet before by the learned Chief Judicial Magistrate, Kamrup (R) Amingaon against the petitioner under Section 25(1-A) of the Arms Act. It is further submitted that the petitioner had been taking steps before the learned trial Court through his counsel till 12.08.2015 and on the said date the petitioner, by showing cause of his non-appearance, had prayed for adjournment, which was not accepted and NBWA was issued against the petitioner. It is submitted that thereafter, due to inadvertence steps could not be taken by the petitioner. On 18.02.2020, NBWA issued against the petitioner was returned unexecuted with a report that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020 and, as such, production warrant issued to the concerned jail authority for production of the accused. Thereafter, by order dated 06.03.2020 the petitioner was arrested in connection the present case on the strength of production warrant and since then the petitioner is in judicial custody. The learned counsel for the petitioner submits that the petitioner is ready and willing to participate in the trial on any condition that may be imposed by this Court. It is submitted that as the petitioner is in custody since 06.03.2020, i.e. for 5 months and 5 days now. Hence, the learned counsel for petitioner has prayed for bail to the petitioner.

The learned Addl. P.P. has opposed this bail application on the ground that the petitioner is a habitual offender of crime of car lifting/ theft.. Referring to the statement made in paragraph 2 of this petition it is submitted that the petitioner was an accused in Palashbari P.S. Case No. 87/2012 under Section 379 IPC. The house of the petitioner was raided and he was apprehended and in the process of arresting the petitioner, the police recovered one factory made foreign fire-arms (Pistol) from his possession without any valid document. Accordingly Palashbari P.S. Case No. 118/2012 was registered under Section 25 (1-A) of the Arms Act. It is submitted that while on bail in connection with the aforesaid two cases, as per order dated 18.02.2020, the petitioner has admitted that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020. Hence, it is submitted that in the interest of expeditious trial petitioner may not be released on bail.

The learned Addl. P.P. has further submitted that in the present case in hand the Investigating Officer had submitted charge-sheet on 30.12.2013 and that the petitioner has remained absent from the trial Court from 12.08.2015 till he was arrested on 06.03.2020.

Considering the length of detention of 5 months and 5 days till today and taking note of the prayer made by the learned counsel for the petitioner that henceforth the petitioner would not jump bail and he would regularly take steps in the case, this Court is inclined to release the petitioner, namely, Anowar Hussain@ Boga on bail in connection with the case aforementioned on furnishing bail bond of Rs.30,000/- with two suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup, Amingaon on the following condition:

i