Page No.# 1/4 GAHC010067212025 2025:GAU-AS:6187 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1045/2025 PRADIP SARKAR S/O- LATE AMAR SARKAR R/O- PANJABARIN NEAR KALITA STORE, PS KHANAPARA, GUWAHATI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BOBBY SARMA S/O RAJEN SARMA R/O GANSH MANDIR TETELIA P.S. MALIGAON GUWAHATI GORCHUK GUWAHATI WEST ASSAM INDI Advocate for the Petitioner : MR. B J DAS, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.05.2025 1) Heard Mr. B.J. Das, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2) This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Pradip Sarkar, who has been detained behind the bars since 05.09.2024 (for more than 250 days) in connection with Sessions Case No. 65/2025, under Section 117(2)/109(1)of BNS, 2023 corresponding to Dispur P.S. Case No. 937/2024 and the said case is presently pending before the Court of the learned Additional Sessions Judge No. 1, Kamrup(M), Guwahati. 3) The gist of accusation in this case is that on 04.09.2024, one Smti Boby Sarma, son of Rajen Sarma, had lodged an FIR before the Officer-In-Charge of Dispur Police Station, inter alia, alleging that on 03.09.2024, one Prabin Sarkar (present petitioner) had attack one Sukur Ali on his head with a piece of brick from behind causing grievous injury on his person. 4) On receipt of the said FIR, Dispur P.S. Case No. 937/2024 was registered and investigation was initiated. After completion of the investigation, charge sheet was laid against the present petitioner. 5) The learned counsel for the petitioner has submitted that the alleged offence occurred during a hearted exchange of banter between the applicant and the victim and both of them were intoxicated and due to provocation the incident Page No.# 3/4 occurred. He submits that it was not intentional. He further submits that the petitioner is ready to co-operate in the trial, however, he has been languishing behind the bars since for the last 250 days, thereby, he is unable to defend this case properly. 6) On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail on the ground that sufficient incriminating materials are there on record against the present petitioner and the case is fixed for framing of charges before the Trial Court. 7) I have considered the submissions made by the learned counsel for both the sides. As in this case, after completion of the investigation, charge sheet has been laid and as the petitioner is ready for trial and also considering the period of detention undergone by the petitioner (for the last 250 days), this Court is of the considered opinion that if the petitioner co-operates in the trial, his custodial detention may not be necessary for fair completion of the trial of Sessions Case No. 65/2025. 8) In view of the above, the above-named petitioner, namely, is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a surety of like amount, subject to the satisfaction of the Trial Court, with the following conditions: i. That the petitioner shall cooperate in the trial of Dispur P.S. Case No. 937/2024, which is pending in the Court of the learned Additional Sessions Judge No. 1, Kamrup(M), Guwahati; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; vi. That the petitioner shall not commit any offence while on bail; vii. That the petitioner shall appear before the Officer-in-Charge of Dispur Police Station once in every fortnight till the pendency of the Dispur P.S. Case No. 937/2024; viii. That any violation of the above conditions shall be a good ground for the Trial Court to get the petitioner arrested and commit him to custody. 9) With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant