Page No.# 1/4 GAHC010223392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3237/2025 AVINASH BHARTIA SON OF SRI RAMAVATAR BHARTIA, R/O FLAT NO 9A, BLOCK- C, SIGNATURE ESTATES, OPPOSITE DGP OFFICE, B K KAKATI ROAD, ULUBARI, P.O.- ULUBARI, P.S. PALTANBAZAR, GUWAHATI, ASSAM, 781007 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MR P TALUKDAR,MR W R MEDHI,MR. K K DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 16.10.2025 Heard Mr. T. J. Mahanta, learned senior counsel assisted by Mr. K. K. Dutta, Page No.# 2/4 learned counsel appearing for the accused petitioner as well as Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Avinash Bhartia, praying for grant of bail in connection with Fatasil Ambari P.S. Case No.127/2025 under Sections 105/125/285/3(5) of BNS. 3. The case arose out of an FIR dated 04.09.2025 alleging that the informant’s son felt down in an open drain and lost his life. That, drain was left open for almost over a year due to negligence of the company looking after the construction of the re-development project being carried out by one Bhartia Infra Project Ltd. (BIPL). The present accused is stated to be a Director of BIPL, looking after regular affairs of the company including the instant project. 4. The earlier bail application was rejected by this Court on 24.09.2024 after perusal of the case diary. 5. The case diary was called for again has been received along with bail objection. 6. It is submitted by the learned Addl. P.P. that the last endorsement pertaining to investigation is around 10.10.2025. It is revealed from the bail objection that investigation has reached an advanced stage; all relevant witnesses have been examined; documentary and electronic evidence collected and accused persons thoroughly interrogated in the custody; that the case is pending for post-mortem report and FSL report of collected viscera and water samples. 7. It is submitted that after collection of the same, a final report under Section 173 of the BNS, 2023 would be submitted. Page No.# 3/4 8. With regard to the projected health issue of the accused, a report was called for and accordingly, a report dated 14.10.2025 is received, which indicates that the accused has a history of chronic asthma and has complaints of breathing difficulty and has been provided with nebulisation. 9. In the bail objection, the I/O has expressed some apprehension that if the petitioner is released on bail, the accused being influential figure may tamper with evidence and witnesses. 10. However, considering the progress of investigation and the health condition of the accused, I am of the considered view that the accused can be granted bail at this stage. 11. The apprehensions expressed by the I/O cannot be brushed aside as well and to address the same, suitable conditions can be imposed. 12. Accordingly, in such view of the matter, the accused herein is allowed to go on bail of Rs. 50,000/- with one surety of like amount each to the satisfaction of the concerned learned CJM Kamrup (M), Guwahati and subject to the following conditions that:- (i) That the accused person shall be co-operate with the remaining part of the investigation; (ii) That the accused shall not hamper or tamper with evidence in any manner, (iii) He shall not intimidate or harass or try to influence the informant and his family members, (iv) He shall not threaten or try to influence any witnesses. 13. In case, the accused is found any violating any or more of the bail conditions, the I/O can move an appropriate application through the prosecution Page No.# 4/4 for cancellation of the bail. 14. This bail application stands allowed and disposed of. 15. Send back the case diary. JUDGE Comparing Assistant