Page No.# 1/4 GAHC010178392025 2025:GAU-AS:10783 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2589/2025 RIL BAHADUR THAPA @ RIL THAPA S/O SRI KRISHNA BAHADUR THAPA, R/O RAM KRISHNA NAGAR GOLI, TINSUKIA, P.O. AND P.S. TINSUKIA, DIST. TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM, REPRESENTED BY LEARNED PP, ASSAM. Advocate for the Petitioner : MR. N HASAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 13-08-2025 Heard Mr. N. Hassan, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, who is arrested in connection with Margherita P.S. Case No. 74/2025 under Sections 303(3)/317(4)/324(5)/3(5) of the BNS, 2023. 3. Case diary is produced before the Court and I have perused the same. 4. It is submitted by Mr. Hassan, learned counsel that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. 5. It is submitted by Mr. Hassan, learned counsel that the present accused petitioner is not at all involved in the alleged offence. The only allegation against the petitioner is that he was one of the crane driver who was engaged in lifting the dumper truck. Being a driver, he went there only to lift the dumper truck without his involvement in the alleged offence. 6. Mr Hassan, learned counsel further submitted that one of the co- accused/another driver of another crane has already been enlarged on bail and the present petitioner is in custody since last 54 days and considering his length of detention, he may be released on bail. 7. Mr. Borthakur, learned Addl. PP raised objection and submitted that from the materials available in the case diary, it is seen that the present petitioner is aware about the alleged offence and inspite of having the knowledge, he went Page No.# 3/4 there and lifted the dumper vehicle from the place of occurrence and as such, Mr. Borthakur submitted that his further custody may be required for further investigation of the case and also to nab the other culprits. 8. Heard learned counsel for both sides and I have also perused the case diary and the note of the I.O. annexed along with the case diary, wherefrom, it is seen that during investigation some parts of the said dumper truck has already been recovered and it is also seen that lot of persons are involved in the alleged offence and some of the culprits are yet to be nabbed in this case. 9. The I.O. note also speaks that there are some other culprits, who are fully involved in the present case and they are also involved in similar kind of offences, but till date they have not been arrested by police and they are evading arrest. But considering the note of the I.O., the materials available in the case diary and also considering the length of detention of the petitioners, I find that further custodial detention of the petitioners are not required for further investigation of the case. 10. In view of the above, I find it a fit case to extend the privilege of bail to the accused/petitioner. 11. Accordingly, the accused/petitioner, namely, Ril Bahadur Thapa @ Ril Thapa, be 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 SDJM, Margherita, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and Page No.# 4/4 (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. 12. With the above observation and direction, this bail application stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant