Page No.# 1/3 GAHC010128772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./1949/2025 UTTAM KUMAR DAS SON OF KALIPADA DAS R/O VILL- BARUAPARA PART-I BHAOWRAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM PIN- 783336 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. S BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.06.2025 Page No.# 2/3 1. Heard Mr. S. Bora learned counsel for the petitioner Uttam Kumar Das. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 05.06.2025 in connection with Gossaigaon Police Station Case No. 72/2025 under Sections 189(2)/117(4)/118(2)/109 of the BNS. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that on 04.06.2025 at about 7 p.m., on a group clash, the petitioners mercilessly assaulted Karim Ali who had to be shifted to Barpeta Medical and College for advance treatment as the victim was fighting with death and was bleeding through his eyes and his mouth. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The witnesses have implicated the petitioner. 6. It is submitted on behalf of the petitioner that there was indeed a group clash and both the parties have sustained injuries. 7. I have scrutinized the Case Diary. The victim has sustained simple injuries. I have also scrutinized the medico-legal report. Although the victim has sustained fracture on his face yet the opinion of the doctor was that the injuries were simple in nature caused by fist. It appears that bail may be granted to the petitioner. 8. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged Page No.# 3/3 on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned SDJM, (M), Gossaigaon under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer every fortnight till completion of investigation, and (iii) The petitioner shall not exercise threats to the witnesses or the victim. 10. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 11. This application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant