Page No.# 1/4 GAHC010110982025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1747/2025 SRI BIMAL DAS AND 2 ORS SON OF LATE JAYNATH DAS R/O VILL- DAKHIN DONGARGAON P.O. KALCHENI, P.S. TAMULPUR DIST. TAMULPUR, ASSAM 2: SRI SUBHASH DAS S/O SRI BIMAL DAS R/O VILL- DAKHIN DONGARGAON P.O. KALCHENI P.S. TAMULPUR DIST. TAMULPUR ASSAM 3: SRI PRIYA KUMAR DAS S/O SRI KAMAL DAS R/O VILL- DAKHIN DONGARGAON P.O. KALCHENI P.S. TAMULPUR DIST. TAMULPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S NATH, MR S DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. S. Nath, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS 2023 has been filed by the petitioners, namely, 1. Bimal Das, 2. Subhash Das and 3. Priya Kumar Das in connection with Tamulpur P.S. Case No. 86/2025 under Sections 131/132/96/3(5) of BNS 3. The petitioner No. 1 and 2 are detained behind the bars since 01.04.2025 (for last 72 days) and the petitioner No. 3 has been detained behind the bars since 09.04.2025 (for last 62 days). 4. The gist of accusation in this case is that on 31.03.2025, the father of the victim-girl had lodged an FIR before the Officer-In-Charge of Nagrijuli Police Out Post, inter alia, alleging that his daughter was detained by the accused No. 1 on 26.03.2025 inside his shop room and was beaten up. Later on, she was released only on the assurance of paying Rs.5,00,000/- (Rupees five lakhs) to the accused. It is further alleged that on 31.03.2025, a public meeting was held over the same issue and the petitioners herein on the said date, brought the daughter of the informant by force to that meeting and beat up her in the said public meeting. When police arrived at the spot, the petitioners also attacked the police and tried to snatch away the arms. 5. The learned counsel for the petitioners has submitted that the petitioners were not involved in the incident of assault. He also submits that considering the period of detention undergone by the petitioners, they may be allowed to go on bail. Page No.# 3/4 6. On the other hand, learned Public Prosecutor has produced the case diary of Tamulpur P.S. Case No. 86/2025 and has submitted that there are sufficient incriminating materials against all the accused persons in the case diary. He submits that the victim was assaulted even in the presence of police personnel and, therefore, if the petitioners are released, there is every likelihood that they may threaten the witness or influence the victim girl. He also submits that even the police personnel were assaulted when they came to rescue the victim girl. He further submits that considering the facts and circumstances of this case, the bail should not be granted to the present petitioners. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Tamulpur P.S. Case No. 86/2025. 8. Though, there are incriminating materials against the present petitioners in the case diary, however, it appears that the petitioners have detained behind the bars for a considerable period of time and in the meanwhile, the investigation has fairly progressed. 9. The apprehension of the learned Additional Public Prosecutor that the petitioners may misuse their liberty while on bail and may threaten or influence the victim girl may be addressed by putting it in appropriate conditions while granting bail to them. 10. Considering the period of detention as well as progress made in the investigation, this Court is of opinion that further custodial detention of the petitioners may not be required if they co-operate in the investigation. 11. In view of above, the above named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount, subject to the satisfaction of learned Chief Judicial Magistrate, Baksa with following conditions:- Page No.# 4/4 (i) That the petitioners 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 of the case before the Investigating Officer; (ii) That the petitioners shall co-operate in the investigation; 12. This bail application is accordingly disposed of. 13. Send back the case diary. JUDGE Comparing Assistant