Page No.# 1/4 GAHC010149592025 2025:GAU-AS:9505 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2188/2025 GAURAV JAGADISH KALITA SON OF SRI JAGADISH KALITA R/O NALBARI TOWN, WARD NO. 7, SANTIPUR, P.S NALBARI, DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Nalbari Page No.# 2/4 P.S. Case No. 210/2025, under Sections 329(4)/121(2)/132/3(5) of the BNS, 2023. Case Diary is placed before the Court. Perused the same. It is submitted by Mr. Chaudhury, learned counsel that the petitioner got arrested in this case on 26.06.2025 and since then, he is in custody. It is submitted by Mr. Chaudhury, learned counsel for the petitioner that a prohibitory order under Section 163 of the BNSS was passed against the father of the present petitioner as the Second Party, and one Mr. Bijoy Kr. Jain, as the First Party, wherein both parties were prohibited from entering the disputed land until further orders of the Court. He further submitted, in the event of any alleged violation of Section 163 of the BNSS, the appropriate statutory recourse lies under Section 167 of the BNSS. However, without following the due legal procedure, the First Party approached the Superintendent of Police, Nalbari, alleging that the Second Party, the father of the petitioner and his son the present petitioner had violated the prohibitory order passed by the learned Magistrate. Pursuant to this, both the petitioner and his father were called to the police station. He further submitted that at the time of appearance before the Officer-in- Charge of Nalbari Police Station it is alleged that due to instigation of the father of the present petitioner, he assaulted the police officer. Mr. Chaudhury, further submitted that it is a fact that when they appear before the Police Station, the police officer had humiliated the father of the present petitioner, who is a College Teacher and in that altercation in the hit of the moment, he might have assaulted the police officer, but there was no such intention to assault the Police Officer and only out of provocation and at the Page No.# 3/4 spar of the moment the incident occurred. Though the case is registered under Sections 329(4)/121(2)/132/3(5) of the BNS, 2023, except Section 132, the other Sections are also not attracted against the present petitioner. He further submitted that the Police Officer did not sustain any injury of grievous nature on his person. More so, considering the length of detention already undergone by the petitioner, he may be enlarged on bail. However, the petitioner will extend his cooperation in the further investigation of the case. Mr. Borthakur, learned Addl. PP submitted in this regard that admittedly the present accused petitioner assaulted the Police Officer, while he was discharging his duty in the Police Station itself. However, he submitted that as per the injury report, the victim sustained minor injuries on his person and he submitted that the entire incident was recorded in CCTV, which was collected by the I.O. and some of the witnesses implicated the present petitioner. Considering the entire facts and circumstances of the case, submissions of the learned counsel for both sides and the materials available in the Case Diary and the injury report of the victim, I find that further custodial detention of the petitioner is not necessary for further investigation of the case and accordingly, I find it a fit case to extent the privilege of bail to the accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Nalbari, the accused/petitioner, namely, Sri Gaurav Jagadish Kalita be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for Page No.# 4/4 interrogation by the Investigating Officer as and when called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Nalbari, without prior permission. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant