Page No.# 1/3 GAHC010144932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2149/2025 SRI RAJA SAHA S/O- SRI GOPAL CHANDRA SAHA. R/O- VILL.- BARUAPARA PART-II, BHAOWRAGURI, P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, BTR, ASSAM, PIN-783336 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORA, MR A.THAKURIA,MR. D P MANDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.06.2025 1. Heard Mr. S. Bora learned counsel for the petitioner Raja Saha. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 06.06.2025 in connection with Gossaigaon Police Station Case No. 72/2025 under Sections Page No.# 2/3 189(2)/117(4)/118(2)/109 of the BNS. 3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent State. 4. Learned Additional Public Prosecutor has raised serious objection stating that bail cannot be considered without the perusal of the Case Diary as this is a heinous offence. 5. 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 advanced treatment as the victim was fighting with death and was bleeding through his eyes and his mouth. 6. It is submitted on behalf of the petitioner that the co-accused have already been enlarged on bail after perusal of the Case Diary. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. It appears that further custodial detention may not be required for the progress of investigation. The petitioner is a local resident and he is not a flight risk. 9. It appears that bail may be granted to the petitioner. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged 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 Page No.# 3/3 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 try to influence them. 11. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 12. This application stands disposed of. JUDGE Comparing Assistant