Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 16698 (GAU)

NAYAN JYOTI BORAH v. THE STATE OF ASSAM

Bail Appln./2413/2025 · 2025-07-29

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010166112025 2025:GAU-AS:9791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2413/2025 NAYAN JYOTI BORAH SON OF PRANAB BORAH R/O BAHAKABARI, ATIGAON P.S.K AMPUR DIST. NAGAON, ASSAM PIN CODE- 782426. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A MANNAF, MD A S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 30-07-2025 Heard Mr. A. Mannaf, the learned counsel for the petitioner and also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing on behalf of Page No.# 2/3 the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 04.06.2025 in connection with Jalukbari P.S. Case No. 229/2025 u/s 309(4) of BNS, 2023. 3. It is submitted by Mr. Manaf, the learned counsel for the petitioner that the present petitioner is innocent and he is no way connected with the alleged offence. However, the petitioner is in custody since last 57 days and hence considering his length of detention he may be enlarged on bail. However, he is ready and willing to cooperate the I/O in further investigation of the case, if he is granted with the privilege of regular bail. 4. In this context, Ms. S.H. Bora, the learned Additional Public Prosecutor has submitted that she made an enquiry with the I/O and it is learnt that till date, the I/O could not prepare the charge-sheet and the case is still under investigation. However, she raised objection and submitted that considering the materials available and the statement made in the FIR, the prayer of the present petitioners may not be considered at this stage. 5. Considering the entire circumstances of the case and without going into the detail of the case and considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner is released on bail 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, Kamrup (M). The accused/petitioner, Page No.# 3/3 namely Nayan Jyoti Borah 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, threaten 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 CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant