Page No.# 1/3 GAHC010138572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2087/2025 SHRI LOKESH NAIDING S/O- BIJON NAIDING, R/O- VILLAGE - HASIN - I, P.O AND P.S - LANGTING, DISTRICT - DIMA HASAO, ASSAM, PIN - 788832. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR D KALITA, MR. D THAOSEN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.07.2025 1. Heard Mr. D. Kalita, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Lokesh Naiding, who has been detained behind the bars since 25.05.2025 (for the last 56 days) in connection with ACB P.S. Case No. 33/2025, under Section 61(2)(a) of BNS r/w Section Page No.# 2/3 7(a) of Prevention of Corruption Act, 1988. 3. The gist of accusation in this case is that on 19.05.2025, one Abdul Hussain had lodged an FIR before the Superintendent of Police, Directorate of Vigilance and Anti-Corruption, inter alia, alleging that the petitioner, who is working as Lat Mondal in the office of Barketri Circle Office, Nalbari has demanded bribe from the first informant of Rs. 24,000/- and it is also alleged in the FIR that the petitioner through his driver to accept the bribe being himself as public servant. 4. The learned counsel for the petitioner has submitted that the wife of the present petitioner has delivered a baby in this month only and his wife and new born baby require his presence to look after them. It is also submitted by the learned counsel for the petitioner that the petitioner has been detained behind the bars for the last 56 days and considering the period of detention, the petitioner may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of ACB P.S. Case No. 33/2025 and has submitted that the investigation has fairly progressed and there are sufficient incriminating materials against the petitioner as such, he has opposed in granting bail to the present petitioner. He also submitted that the investigation is pending only for receipt of the report from the Forensic Laboratory regarding voice sample as well as chemical examination. 6. I have considered the submissions made by the learned counsel for both sides and gone through the case diary of ACB P.S. Case No. 33/2025. Page No.# 3/3 7. It appears from the case diary that investigation of this case has fairly progressed and it is pending only for receipt of report from Forensic Laboratory. It also appears that the petitioner has been detained behind the bars for last 56 days. Considering the progress made in the investigation as well as the period of detention undergone by the petitioner, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of investigation if the petitioner will co-operate in the investigation of the aforesaid case. 8. In view of above, 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 Special Judge, Guwahati, Assam with following conditions that:- (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. 9. Send back the case diary. 10. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant