ORDER

Date : 27.09.2024 Heard Mr. K.Boruah, learned counsel for the petitioner as well as Mr.

D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1.

By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Ananta Bori has prayed for grant of bail in connection with C.R. (N.I.) Case No.39/2022 under Section

138 of the Negotiable Instruments Act, pending in the court of learned CJM, Golaghat.

The learned counsel for the petitioner submits that in connection with aforesaid case, summons were issued against the petitioner by the trial court to which the petitioner appeared and he was allowed to go on bail vide order, dated 17.12.2022. However, the petitioner did not appear before the trial court since 31.08.2023 for about last 7/8 months due to mis-communication between him and his counsel. Thereafter, NBWA was issued against the petitioner and on the strength of NBWA, the petitioner was arrested on 20.08.2024 and since then he has been languishing in judicial custody.

The learned Addl.P.P. submits that the bail prayer of the petitioner may be considered with conditions.

Having heard the learned counsel for the parties and on perusal of the orders of the trial court as well the averments made in this petition, the prayer for bail of the petitioner is hereby allowed.

Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned CJM, Golaghat, subject to the following conditions;-

i) That the petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of.

Violation of the condition shall tentamount to cancellation of bail.

This disposes of the bail application.

JUDGE Comparing Assistant