Page No.# 1/4 GAHC010124082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1915/2025 JYOTISHMAN LAHKAR AND ANR S/O- AMAL CHANDRA LAHKAR. R/O- AMAR PATH, GEETANAGAR, P.S.- GEETANAGAR, DIST.- KAMRUP(M), ASSAM 2: PRIYAM PRAKASH DEKA S/O- HARI PRASHAD DEKA. R/O- NA BAHATIA P.S.-JAGIROAD DIST.- MORIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S HOQUE, S HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.06.2025 1. Heard learned Counsel Mr. S.Hoque for the petitioners 1. Jyotishman Page No.# 2/4 Lahkar and 2. Priyam Prakash Deka who have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 16.05.2025 and 19.05.2025 respectively in connection with Hatigaon PS Case No. 92/2025 under Sections 123/305/(a)/3(5) of the BNS,2023. 2. It is submitted by the petitioners that the incident occurred on 09.01.2025 whereas the FIR was lodged after four months leaving enough scope for fabrication of the FIR. It is submitted that when the informant came to his senses, he ought to have informed police immediately but FIR was lodged after four months. It is further submitted that the petitioners are innocent and allegations have been falsely framed by the co-accused Gayatri Medhi in collusion with the informant. 3. Per contra Mr. K.Baishya, learned Addl.Public Prosecutor appearing for the respondent State has raised serious objection in granting bail to the petitioners by stating that there are incriminating materials in the case diary against the petitioners. The petitioners have worked in cohorts with a team of miscreants who have been involved in trading crypto currencies illegally. 4. I have considered the submissions at the Bar with circumspection. 5. The FIR unfolds that on 09.01.2025, at about 10.30 pm, one Gayatri Medhi who had been in contact the informant came to him at Hatigaon seeking financial help. During her visit, Gayatri Medhi brought him some drinks mixed with some unknown drugs and as soon as the informant consumed the drinks, he remained unconscious for two days. After recuperation, he is still suffering from several serious health complications including memory loss, poor concentration, anxiety, heart palpitations and gastrointestinal issues. It is further Page No.# 3/4 alleged that when the informant came to his senses, he found two mobile handsets missing from his possession along with two gold rings and cash amounting to Rs.50,000/-. 6. I have scrutinized the Case Diary. There are indeed incriminating materials in the Case dairy against the petitioners. Investigation has progressed substantially. Petitioners are willing to co-operate with remaining part of the investigation. 7. It appears that bail may be granted to the petitioners. 8. The petitioners named above shall be released on bail on furnishing bail bond of Rs.30,000/- each with a suitable surety each of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions: i) That the petitioners shall appears before the I.O. every fortnight till completion of the investigation, ii) That the petitioners shall refrain from committing any such offence of which they are alleged, iii) That the petitioners shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the above conditions, the learned court is at liberty to immediately cancel the bail granted to the petitioners. 10. In terms of the above observations, the bail application stands disposed of. Page No.# 4/4 11. Send back the Case Diary. JUDGE Comparing Assistant