Page No.# 1/4 GAHC010137542025 2025:GAU-AS:9215 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2061/2025 BISHNU KUTUM S/O SHRI MONDAL KUTUM R/O RAKUT KEMERE JONAI DHEMAJI, DIST. DHEMAJI, ASSAM, PIN- 787060 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P R SARMA, MR. S. PEGU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.07.2025 1. Heard Mr. P.R. Sarma, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Bishnu Kutum, who has been detained behind the bars since 02.06.2025 in connection with Jonai P.S. Case No. 37/2025 under Sections 61(2)/189(2)/109/117(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 03.05.2025, one Smt. Ajanta Kutum, had lodged an FIR, before the Officer-In-Charge of Jonai Police Station, inter alia, alleging that the accused persons named in the FIR, (including the present petitioners) had assaulted the husband of the informant on 02.05.2025 near Rakut Kemere Primary School, as a result of which he sustained serious injuries. 4. The learned counsel for the petitioner has submitted that the petitioner had earlier approached this Court by filing an anticipatory bail which was rejected by this Court and thereafter the petitioner got arrested on 01.06.2025. 5. The learned counsel for the petitioner has submitted that the petitioner had earlier filed an application for anticipatory bail, however during the pendency of the said bail application, the petitioner was arrested on 01.06.2025 and since then 44 days have lapsed. 6. The learned counsel for the petitioner has also submitted that 13 (thirteen) of the co-accused persons have already been granted bail by this Court and considering the period of detention undergone by the petitioner, he prays for grant of bail to the petitioner also as he stand on similar footing to that of those who were granted bail by this Court earlier. 7. On the other hand, the learned Additional Public Prosecutor has Page No.# 3/4 produced the Case Diary of Jonai P.S. Case No. 37/2025 and has opposed the grant of bail to the petitioner on the ground that there are sufficient incriminating materials against the petitioner in the Case Diary. He has further submitted that the investigation as regards the accusation of criminal conspiracy has not progressed much and therefore, further custodial detention of the petitioner may be required. 8. It is further submitted that some of the co-accused are yet to be arrested in this case. Hence, if the petitioner is allowed to go on bail, it may jeopardize the investigation. 9. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary which is available on record. 10. On perusal of the Case Diary, it appears that there are some incriminating materials against the present petitioner in the Case Diary. However, considering the fact that 13 (thirteen) co-accused persons are already granted bail as well as considering the period of detention already undergone by the petitioner (44 days), this Court is of the opinion that , if the petitioner co-operates in the investigation, his further custodial detention may not be required for fair completion of the investigation of Jonai P.S. Case No. 37/2025. 11. Hence, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned SDJM(M), Jonai with following conditions that:- Page No.# 4/4 (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other 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 or to any Court. 12. Send back the Case Diary. 13. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant