Page No.# 1/3 GAHC010068322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1009/2025 KRISHNA GOGOI S/O SRI GOPAL GOGOI, R/O BOKOTA NEMUGURI (BORKOTHA NEMUGURI), MOLIGAON, P.S. BOKOTA, DISTRICT SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K GOGOI, MS. P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.04.2025 1. Heard learned counsel Ms. P. Borah for the petitioner Krishna Gogoi. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 08.03.2025 in connection with Teok Police Station Case No. 36/2025 under Section 103(1) of the BNS. Page No.# 2/3 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. 4. It is submitted on behalf of the petitioner that although the petitioner was booked under Section 103 of the BNS but, this case ought to have been booked under Section 106 of the BNS. The Forwarding report marked as Annexure-B of the petition clearly reveals that the petitioner was forwarded to custody due to a negligent act. 5. I have considered the submissions that the petitioner is behind bars since 08.03.2025. The petitioner is willing to cooperate with the remaining part of investigation. 6. The allegation in the Forwarding report reveals that death was a result of negligent act. 7. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Jorhat under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 8. In terms of the above observation, this bail application stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant