Page No.# 1/4 GAHC010211622025 2025:GAU-AS:13703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3139/2025 TUTUN DAS S/O- LILAMOY DAS, R/O - THENGARGOOL, P.O-CHAMALA BAZAR, P.S.- RAM KRISHNA NAGAR, DIST.- SRIBHUMI, ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:OFFICER IN CHARGE R K NAGAR POLICE STATION DIST.- SRIBHUM Advocate for the Petitioner : MR. S K GHOSH, F. AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.10.2025 Heard Mr. S. K. Ghosh, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarmah, learned Addl. P.P., representing the State respondent. Page No.# 2/4 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused-applicant in connection with R. K. Nagar Police Station Case No. 56/2025, registered under Sections 310(2)/311 of the BNS, 2023. 3. The gist of the case as has been narrated in the FIR are that one Rahul Paul lodged an FIR before the R. K. Nagar Police Station on 18.07.2025, alleging that on 17.07.2025, at about 1 o’clock midnight, five unknown miscreants entered into his house with deadly weapons and pistol and beaten up him and his brother as well as his wife and children. Thereafter, the miscreants had looted an amount of Rs. 1,50,000/- (approximately), and certain gold ornaments as well as 2 Mobile handsets. On receipt of the FIR, the Police registered R. K. Nagar Police Case No. 56/2025, under Sections 310(2)/311 of the BNS, 2023. The Police arrested the accused-applicant on 20.07.2025 and since then he is in jail custody. 4. The learned counsel for the accused-applicant submits that the accused-applicant is not connected with the alleged offence stated in the FIR and he has been arrested by the Police only on suspicion. He further submits that he has already spent 86 days inside the jail and therefore, further custodial detention is not required in the instant case as the Police have already recovered the amount alleged to be stolen as well as the gold ornaments mentioned in the FIR. He submits that as per the Forwarding Letter, the weapons allegedly used in commission of the offence have also been recovered by the Police. He submits that as the investigation has already completed in the instant case, no purpose will be served by keeping the accused-applicant inside the jail anymore. In view of the aforesaid, he prays that this Court should allow the accused-applicant to go on bail. 5. Whereas, the learned Addl. P.P., representing the State respondent submits that the Case Diary in the instant case is yet to be received and without perusing the Case Diary, this Court may not grant bail to the accused-applicant, though the accused-applicant has been inside the jail for more than 86 days. Page No.# 3/4 6. This Court has perused the FIR, Forwarding Letter as well as the Grounds of Arrest annexed in the instant bail application. 7. After considering the period of detention of the accused-applicant for more than 86 days and noting that the investigation is almost complete by way of recovering the money as well as the stolen gold ornaments, this Court is of the view that no fruitful purpose would be served by keeping the accused-applicant in further custody. 8. This Court has also considered the aspect that though the Case Diary was called for on a couple of occasions, the same was not submitted for perusal of this Court. 9. Since the mandatory period of detention before filing the Charge-sheet in the offences alleged to have been committed by the accused-applicant is 90 days and the accused-applicant has already spent 86 days and the Charge-sheet is yet to be filed in the instant case, this Court is of the considered opinion that the instant bail application merits interference by this Court and therefore, this Court directs the accused-applicant to be released on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Sribhumi, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not make any inducement, threat or promise to any witness, so as to dissuade such witness from making truthful disclosure of the incident involved in the matter. (3) In the event, the accused-applicant violates any of the conditions mentioned herein above, it shall be open to the Investigating Officer to move such application before the Trial Court to cancel the privilege of bail so granted to the accused herein, vide this order. Page No.# 4/4 10. With the above observations and directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant