Page No.# 1/4 GAHC010106302025 2025:GAU-AS:10152 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1673/2025 NAYAN RABHA AND ANR S/O NABIN RAHBA VILL- TINGHARIA P.S. BOKO DIST. KAMRUP, ASSAM 2: BHUMIDHAR RABHA D/O SANJAY RABHA VILL- TINIGHARIA P.S. BOKO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A ISLAM, MR F HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 05.08.2025. Page No.# 2/4 Heard Mr. F. Haque, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioners, who have been arrested in connection with Sessions Case No. 02/2025, arising out of Chhaygaon P.S. Case No. 283/2024, under Section 103/238/3(5) of the BNS, 2023, pending before the Court of learned Additional Sessions Judge, Kamrup at Amingaon. It is submitted by Mr. F. Haque, learned counsel for the petitioners that both the petitioners are not involved in the alleged offence. However, it is a fact that the petitioners were present at the place of incident and some of the local persons demanded some money from the deceased. But the present two petitioners are not involved in demand of money but it is a fact that Rs.800/- (Rupees eight hundred) only was deposited in the account of one of the present petitioner i.e. Bhumidhar Rabha, which was paid by the friend of the deceased, as per their demand. That apart, there is no role of the petitioners and they have not committed any offence, as alleged against them. Both the petitioners are behind the bar since 15.10.2024 and hence, considering their period of detention so far, they may be released on bail. One witness has already been examined by the prosecution out of 17 witnesses. However, the petitioners are ready and willing to appear before the learned Trial Court below and contest the case, if they are provided with the privilege of bail. Mr. B. Sarma, learned Additional Public Prosecutor, Assam submits that these two petitioners are fully involved with the alleged offence of demanding Page No.# 3/4 money from the deceased and also threatened to make viral some of the videos and photos of the deceased with his girl friend. One witness has been examined out of 17 witnesses and some vital witnesses are yet to be examined by the prosecution. Thus, there is every possibility of hampering or tampering with the other witnesses, specially the vital witnesses of the prosecution and accordingly, Mr. Sarma, the learned Additional Public Prosecutor raised objection in allowing the petitioners to go on bail at this stage. Hearing the submission of learned counsel for both sides, I have also perused the scanned copy of the Trial Court Record along with the case diary. It is seen that there are some incriminating materials against the accused petitioners, specially involved in demanding money from the deceased and his girl friend. However, considering the period of detention already undergone by the petitioners, further custodial detention of the petitioners may not be required for the interest of the case and hence, I find it a fit case to extend the privilege of bail to both the petitioners. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount, for each of them, to the satisfaction of the learned Additional Sessions Judge, Kamrup at Amingaon, the accused/petitioners, namely, (1) Nayan Rabha and (2) Bhumidhar Rabha, be enlarged on bail, subject to the following conditions: (i) that the petitioners will appear before the Court of learned Additional Sessions Judge, Kamrup at Amingaon, on each and every date to be fixed by the Court; Page No.# 4/4 (ii) that the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the petitioners will submit their Aadhar Card and PAN Card before the learned Additional Sessions Judge, Kamrup at Amingaon; and (iv) that the petitioners will not leave the jurisdiction of the learned Additional Sessions Judge, Kamrup at Amingaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant