Page No.# 1/3 GAHC010084102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1271/2025 JUNMONI DAS S/O LATE GUNENDRA DAS R/O KOCHGAON, P.O. CHARIALI,P.S.BISWANATH CHARIALI, DIST. BISWANATH, ASSAM PIN-784176. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS M NIROLA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 06.05.2025 Heard Ms. M. Nirola, learned counsel for the petitioner Shri Junmoni Das, who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind the bars since 27.03.2025 in connection with Biswanath Chariali P.S. Case No.66/2025 corresponding to G.R. Case No.171/2025 Page No.# 2/3 registered under Sections 61(2)/108/329(3)/ 318(4)/351(3) of the BNS, 2023. The allegation against the petitioner is that the victim Dadul Das committed suicide on being instigated by the petitioner. Land belonging to Dadul Das was occupied by some encroachers and when the encroachers tried to settle over the land, Dadul Das raised objection and then he learnt that the petitioner allowed the encroachers to occupy his land. When confronted, the petitioner also assaulted Dadul Das and threatened him with dire consequences. Heard the learned Addl. P.P., Mr. K. K. Parashar, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. I have also scrutinised the Case Diary. It is true that there are incriminating materials against the petitioner. However, I have considered the length of detention of the petitioner and the submission that the petitioner is willing to cooperate with the remaining part of the investigation. The investigation has also progressed substantially. It appears that the custodial detention of the petitioner may not be required to further the investigation. Considering every aspect of the matter, the bail application is allowed. The petitioner Shri Junmoni Das is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath under the conditions that :- (1) the petitioner shall appear before the I.O. every fortnight till completion of the investigation. (2) the petitioner shall not exercise threats to the witnesses, and Page No.# 3/3 (3) the petitioner shall not leave the jurisdiction of the court without prior permission. Breach of any of the aforementioned conditions shall lead to cancellation of the bail granted to the petitioner. Bail application stands disposed of. JUDGE Comparing Assistant