Page No.# 1/3 GAHC010191842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2804/2025 SHRI NAYAN DAS S/O LATE MAHESHWAR DAS R/O JANGALPARA , DAKHALA UNDER PALASHBARI PS PALASBHARI, DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 22.09.2025 1. Heard Mr. B. M. Choudhury, learned senior counsel assisted by Mr. U. Choudhury, learned counsel appearing for the accused petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Shri Nayan Das, praying for grant of bail in connection with Palashbari PS Case No. 185/2025 under Sections 61(2)/118(2)/109 of BNS, 2023 added Section 103 of BNS, 2023 3. It is submitted by the learned counsel for the petitioner that both the victim and the accused were working as home guards and earlier the victim was discharged and he had given some money to the accused for his extension, but it did not happen and the accused allegedly him assaulted leading to his death. 4. Learned counsel for the petitioner has drawn my attention to the copy of the notice under Section 47 of BNSS and contended that the same has not complied with the constitutional standard stipulated by the Hon’ble Supreme Court. 5. Learned Additional Public Prosecutor submits that the said notice is sufficient. He further submits that progress of investigation has not yet completed but there is reasonable progress. However, post mortem report has not yet been collected. 6. In the case of Prabir Purkayastha Vs. State (NCT of Delhi) reported in 2024 SCC Online SC 934 and Vihaan Kumar vs. State of Haryana, reported in 2025 SCC Online SC 269 it has been held by the Hon’ble Supreme Court that noticing the accused properly about the grounds on which he has been arrested is a mandatory requirement in terms of the said statutory provision as well as Article 22(1) of the Constitution of India. It has also been explained that the grounds of arrest are not some general reasons given for the arrest of the accused but are points specific to the particular accused, explaining the grounds on which he has been arrested. Page No.# 3/3 7. Considering the above aspect of the matter, reasonable progress of investigation and the length of detention, I am of the considered view that perhaps the accused can be granted bail at this stage. 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner: (a) shall render co-operation to the remaining investigation. (b) shall not hamper or tamper with the evidence. (c) Shall not intimate or harass or cause any harm to the informant and the informant side. 9. Violation of any of the bail condition shall entails cancellation of bail. 10. Accordingly, this bail application stands allowed and disposed of. 11. Return the case diary. JUDGE Comparing Assistant