Page No.# 1/4 GAHC010107412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1659/2025 BIBEK DAS S/O UPENDRA CH. DAS R/O SUBHASH PALLY (LASKARPARA) P.O. BARABISHA, P.S. KUMARGRAM DIST. ALIPURDUAR (WB). VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.06.2025 1. Heard Mr. A. Hussain, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Bibek Das who has been detained behind the bars since 04.03.2025 in connection with Sessions Case No. T2/51/2025 arising out of Page No.# 2/4 Kachugaon P.S. Case No. 04/2024 under Sections 353/304 of IPC. 3. The learned counsel for the petitioner has submitted that the present petitioner along with one Shubhadip Modak are facing trial before the Court of learned Additional Sessions Judge (FTC), Gossaigaon in Sessions Case No. T2/51/2025 under Sections 353/304 of the Indian Penal Code. He submits that though the allegation against the petitioner is that he was in the offending vehicle which hit the injured police constable Abdur Rezzak Sarkar and grievously injured him, however, the learned counsel for the petitioner submits that the vehicle in question, i.e., the vehicle which hit the police constable was being driven by the co-accused Shubhadip Modak on that day. He further submits that the co-accused has already been granted bail and though the petitioner who was not driving the vehicle on that day is languishing behind the bars. He further submits that the bail application filed by the petitioner before the Trial Court was rejected merely on the ground that the charges are not yet framed and considering the seriousness of the offence, whereas the Trial Court ignored the fact that the co-accused has already been granted bail. 4. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the trial and, therefore, he prays for allowing the petitioner to go on bail. 5. On the other hand, learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner. He submits that the offending vehicle was driven by the present petitioner and the injured Abdur Rezzak Sarkar was hit intentionally by the present petitioner. He further submits that charges-sheet has been submitted in the month of March and the charges are yet to be framed and considering the complicity of the petitioner in the alleged offence, he prays for rejecting the bail application. Page No.# 3/4 6. I have considered the submissions made by the learned counsel for both sides and have gone through the scanned copy of the case record of Sessions Case No. T2/51/2025. 7. It appears that in this case charges-sheet has already been laid after completion of the investigation and the trial is yet to commence. It also appears that the co-accused Shubhadip Modak, who was in the offending vehicle along with the present petitioner, has already been granted bail. 8. Under such circumstances, this Court finds no justification to reject the prayer for bail of the petitioner at this stage, if he co-operates in the trial. 9. The petitioner is, therefore, allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the Trial Court with the following conditions:- i. That the petitioner shall cooperate in the investigation of the Kachugaon P.S. Case No. 04/2024; ii. That the petitioner shall appear before the Investigating Officer of the Kachugaon P.S. Case No. 04/2024 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, 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 Investigating Officer; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; v. That the petitioner shall not leave the jurisdiction of the Court of Trial Court Page No.# 4/4 without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and vi. That the petitioner shall not commit any offence while on bail. 10. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant