Page No.# 1/3 GAHC010198192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2883/2025 BISWAJIT SAIKIA S/O- LATE ROBIN SAIKIA, R/O- JYOTI NAGAR, P.O AND P.S- SILAPATHAR, DIST- DHEMAJI, ASSAM PIN-787059 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : R L CHUTIA, MR A KHANIKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.09.2025 1. Heard Mr. A. Khanikar, the learned counsel for the petitioner. Also heard Mr. B. Sarma the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of BNSS, 2023 by the Page No.# 2/3 petitioner, namely, Biswajit Saikia, who has been detained behind the bars since 24.08.2025 in connection with Silapathar P.S. Case No. 176/2025, under Section 118(2) of BNS, 2023 read with Section 27 Arms Act, 1959. 3. The learned counsel for the petitioner has submitted that the petitioner and the victim are friends on the date of the alleged offence they were having a party and the gun was accidentally shot by the present petitioner and it was not intentional. 4. He further submits that the petitioner is ready to cooperate in the investigation. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Silapathar P.S. Case No. 176/2025 and has submitted that the statement of the injured was recorded by the Investigating Officer under Section 180 of BNS, 2023 during the course of the investigation suggests that the shot was fired from the pistol of the present petitioner accidentally and it was not intentional. He also submits that the investigation of the case has fairly progressed. 6. I have considered the submission made by the learned counsel for both sides and have perused the case diary, which was produced by the learned Additional Public Prosecutor. 7. Considering the materials in the case diary which suggests that the incident which occurred in this case was accidental, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji with following conditions:- Page No.# 3/3 i. The petitioner shall co-operate in the investigation, ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 8. With the above observations, this bail application is disposed of. 9. Send back the case diary. JUDGE Comparing Assistant