Page No.# 1/4 GAHC010118112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1840/2025 BIPUL BANIKYA S/O JOGESH BANIKYA VILL-MAKHIBAHA (NEAR MAKHIBAHA GIRLS HIGH SCHOOL P.S. TIHU DIST. NALBARI, REPRESENTED BY MRS. NIJORA BANIKYA W/O BIPUL BANIKYA AGE ABOUT 33 YEARS VILL- WARD NO. 4 NEAR B.ED. COLLEGE, P.S. TIHU, DIST. NALBARI. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : B SARMA, MR N ALI,P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.06.2025 1. Heard Ms. P. Kalita, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the Page No.# 2/4 petitioner, namely, Bipul Banikya who has been detained behind the bars since 18.09.2024 (for last 261 days) in connection with Sessions Case No. 86/2024 corresponding to Tihu P.S. Case No. 45/2024 under Sections 118(1)/118(2)/109 of BNS. 3. The petitioner is facing trial before the Court of learned Sessions Judge, Nalbari in Sessions Case No. 86/2024 on the accusation that he had assaulted the informant Barun Talukdar with a dao and injured him seriously. 4. The learned counsel for the petitioner has submitted that the notice under Section 47 of BNSS which was served on the petitioner at the time of his arrest does not contain any grounds of arrest. It only mentions the police station case number as well as penal provisions involved in the case. She also submits the the investigation has already been completed and the trial has commenced and already two witnesses have been examined and the petitioner is co-operating in the trial and, therefore, custodial detention may not be necessary for fair completion of the trial, hence, she prays for allowing the petitioner to go on bail. 5. On the other hand, learned Additional Public Prosecutor prays for calling of the scanned copy of the Trial Court records. 6. I have considered the submissions made by the learned counsel for both sides. 7. The petitioner has been detained behind the bars for last 261 days and two witnesses have already been examined. Moreover, it also appears that at the time of his arrest, the notice under Section 47 of the BNSS which was served on him did not contain any grounds of arrest, therefore, it is a case where the constitutional mandate of Article 22(1) of the Constitution of India as Page No.# 3/4 well as statutory requirement under Section 47 of the BNSS have been flouted. Otherwise also considering the period of detention undergone by the petitioner, further custodial detention of the petitioner may not be necessary, if he co- operates in the trial. 8. For the aforesaid reasons, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Sessions Judge, Nalbari with the following conditions:- i. That the petitioner shall cooperate in the investigation of the Tihu P.S. Case No. 45/2024; ii. That the petitioner shall appear before the Investigating Officer of the Tihu P.S. Case No. 45/2024 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 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. Page No.# 4/4 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant