Page No.# 1/3 GAHC010192132025 2025:GAU-AS:12194 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2786/2025 BHOLA TACHA ALIAS BHOLA TOSA S/O LT BAYARAM TOSA R/O DIGARUPAR BAJTAM PO DIGARU DIST KAMRUP METRO ASSAM PIN 782401 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A S CHOUDHURY, MS R ALI,S. HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.09.2025 Heard Mr. A.S. Choudhury, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, 1. Sri Page No.# 2/3 Bhola Tacha @ Bhola Tosa, stated to have been arrested on 24.06.2025 and has prayed for bail in connection with Sonapur P.S. Case No. 103/2025, registered under Section 103(I) of BNS, 2023 and stated to be in under trial detention since then. 3. The case arose out of an ejahar dated 23.06.2025, lodged against 4 (four) accused persons with an allegation in a gist of homicidal assault subsequently leading to the death of the victim. 4. Ms. N. Das, learned Additional Public Prosecutor for the State submits that case diary has been received and post-mortem report is available though the FSL report is awaited. The post-mortem report indicates homicidal death per se. The accused also stated to be a TB patient. In this context, learned counsel for the petitioner has drawn my attention to Annexure-5. The learned Additional Public Prosecutor for the State objects to grant of bail at this stage. 6. Though the post-mortem report indicates homicidal death, however, the final opinion has been kept pending for receipt of the FSL report. 7. I have seen the progress of the investigation and also considered the length of detention. As the accused is stated to be a patient of TB, therefore, it might also be prudent to have limited exposure within the jail premises. 8. In the entire facts and circumstances, despite the materials, I deem it fit to grant bail to the petitioner at this stage. Accordingly, the above-named accused is allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only with one surety of like amount Page No.# 3/3 subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall not intimidate or harass the informant/family; (ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the accused shall not commit any offence while on bail; (iv) That the accused shall not abscond; (v) That the accused shall not hamper or tamper with evidence. 9. Violation of bail conditions might entail cancellation of the bail. 10. Return back the case diary. 11. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant