Page No.# 1/3 GAHC010150882025 2025:GAU-AS:10241 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2233/2025 HEMANTA MODAK S/O RATAN MODAK R/O H. NO. 07, SIB SAKTI PATH JANA , P.S. DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R CHETRI, MR N MILI,MR. K K HANDIQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 06.08.2025. Heard Mr. R. Chetri, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Sri Hemanta Modak, who has been arrested on 04.06.2025, in connection with Dispur P.S. Case No. 476/2025, registered under Sections 117(2)/109(1)/304(2)/326(f)/3(5) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. R. Chetri, learned counsel for the petitioner that the petitioner is innocent and is not involved with the incident as alleged. However, it is a fact that the petitioner was present at the place of occurrence at the time of incident but he has not committed any offence of assault nor burning the motorcycle of the informant. He further submitted that from the forwarding report, it is revealed that the present petitioner is not involved in burning the motorcycle and assaulting the victim. More so, the petitioner is in the custody since 65 (sixty five) days and considering his length of detention, he may be released on bail. However, the petitioner is ready and willing to appear before the I.O. and cooperate with the investigation of the case, if he is provided with the privilege of bail. Mr. P. Borthakur, learned Additional Public Prosecutor, Assam submitted in this regard that some incriminating materials are available against the present accused petitioner. However, the burning of the motorcycle was committed by one of the co-accused. He further submitted that considering the length of detention, the order may be passed. Hearing the submission of learned counsel for both sides, I have also perused the case diary and considering the materials available in case diary vis-à-vis the length of detention already undergone by the accused petitioner, I am of the Page No.# 3/3 view that the I.O. has got sufficient opportunity to interrogate the accused while he was in custody. Hence, further custodial interrogation may not be necessary for the purpose of investigation. Accordingly, it is provided that on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused/petitioner, namely, Sri Hemanta Modak, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (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 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 Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant