Page No.# 1/4 GAHC010160922025 2025:GAU-AS:10244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2370/2025 JAN DAS AND ANR SON OF LATE HITESWAR DAS, RESIDENT OF VILLAGE HOLESWAR GAON, POST OFFICE AND PS TEZPUR, PIN 784104, DISTRICT SONITPUR, ASSAM 2: SURAJ KIRAN DAS SON OF LATE HITESWAR DAS RESIDENT OF VILLAGE HOLESWAR GAON POST OFFICE AND PS TEZPUR PIN 784104 DISTRICT SONITPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHETRI, MS. D BORA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 06.08.2025. Heard Mr. B. Chetri, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/4 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, namely, (1) Sri Jan Das and (2) Sri Suraj Kiran Das, who have been arrested on 05.07.2025, in connection with Tezpur P.S. Case No. 471/2025 (corresponding to G.R. Case No.1011/2025), registered under Sections 289/118(2)/76/3(5) of the BNS, 2023. The case diary is not received. It is submitted by Mr. B. Chetri, learned counsel for the petitioners that the petitioners are innocent and they are not involved with the incident as alleged in the FIR. However, it is a fact that due to the two pet dogs of the petitioners, there was quarrel between the wife of the petitioner No.1 and the wife of the informant and that too, in absence of the present two petitioners. To substantiate the fact that the petitioners were not at the place of occurrence, two certificates also produced and annexed with the petition. Further it is submitted by Mr. Chetri, learned counsel for the petitioners that from the order passed by the learned SDJM (S), Sonitpur, while hearing a bail application of the petitioners, it is already observed that as per the injury report the victim sustained only simple injury and the weapon used in committing the offence is not mentioned in the report and accordingly, it was held by the learned Trial Court below that the offence does not fall under Section 118(2) of the BNS, 2023, considering the nature of injury sustained by the victim. Further, he submitted that there was a public complaint filed by around 33 persons of the village before the in-charge of Salonibari Police out Post, stating that the two petitioners have falsely implicated the accused persons in the present case. However, both the petitioners are behind the bar for the last 32 days and hence, considering their length of detention in the custody, they may be released on Page No.# 3/4 bail. He further submitted that both the petitioners are ready and willing to appear before the I.O. as and when required and cooperate with the investigation of the case, if they are provided with the privilege of bail. Mr. P. Borthakur, learned Additional Public Prosecutor, Assam submitted in this regard that as the case diary is not available before the Court, he is not in a position to say anything about the incident. However, it is a fact that both the petitioners are behind the bar for more than one month. At the same time Mr. Borthakur, learned Additional Public Prosecutor submitted that from the order passed by the learned SDJM (S), Sonitpur, the injury sustained by the victim may not be grievous in nature. Hearing the submissions of learned counsel for the parties and considering the annexure filed vis-à-vis the order dated 07.07.2025, passed by the learned SDJM (S), Sonitpur including the length of detention, further custodial detention of the petitioners may not be required for the interest of the case and hence, I find it a fit case to extend the privilege of bail to both the petitioners. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount, for each of them, to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur at Tezpur, the accused/petitioners, namely, (1) Sri Jan Das and (2) Sri Suraj Kiran Das, be enlarged on bail, subject to the following conditions: (i) that the petitioners will make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners will not, directly or indirectly, make any Page No.# 4/4 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 petitioners will not leave the jurisdiction of the learned Chief Judicial Magistrate, Sonitpur at Tezpur, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant