Page No.# 1/4 GAHC010226502025 2025:GAU-AS:13846 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3288/2025 AJOY PHUKAN SON OF JITEN PHUKAN RESIDENT OF GREEN VIEW RESIDENCY, BLOCK -IV, P.S. GEETANAGAR, GUWAHATI, DIST. KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. S HAQUE,MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.10.2025 Heard Mr. B. Mahajan, learned counsel assisted by Mr. N. Mahajan, learned counsel appearing for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for the state respondent. 2. The instant bail application filed under Section 483 of BNSS, seeking bail for accused Ajoy Phukan stated to have been arrested on 27.09.2025 in connection with Azara Police Station Case No. 142/2025 under Section 191(2)/190/296/324(5)/109(1)/132 of BNSS, 2023, read with Section 3 of Prevention of Damage to Public Property Act, 1994, added Sections 52/54/57/61(2). 3. The said case arose out of FIR dated 22.09.2025 alleged by S.I. of Police, who at that time was IC of Borjhar outpost. It is alleged that on that day, while he was doing duty at the airport in connection with the arrival of the dead body of late Zubeen Garg - in that situation, the mob became agitated and started abusing the police. Subsequently, the mob became very unruly and attacked policemen and damaged vehicles and cameras of journalists, and it is alleged that the mob created a chaotic situation at the place and prevented police from doing his duty. No persons by name are mentioned in the FIR. The present accused was arrested during investigation of this case. 4. Learned Senior Counsel for the petitioner draws the attention of this court that after being granted bail in another case, the present Page No.# 3/4 accused came to be arrested in a mala-fide manner. In support of the same, the learned Senior Counsel for the petitioner has placed before the court the decision of the Hon’ble Supreme Court in the case of Uday Chand and Ors . Vs. Sheikh Mohd. Abdullah, Chief Minister, J&K and Ors. reported in (1983) 2 SCC 417, drawing attention to page of 5 of the said decision. It is submitted that the Hon’ble Apex Court has deprecated the practice of arresting a person immediately after being granted bail by a court without bringing the fact before the said court that other cases are pending. A reference is also made to the decision of Kamal Dutta Vs Union of India of this court reported in (2015) 3 GLR 346. In the said decision also, reference is made by this court to Uday Chand (supra). The learned counsel for the petitioner draws the attention to paragraph 23 of the Kamal Dutta (supra) in which this court has observed that - arresting the accused in a different case from outside the court where he was granted bail without disclosing to the court about the need to arrest him in another case is wholly unacceptable. 5. The learned Additional Public Prosecutor submits that thought the accused is not named in the FIR, but from the statement of co- accused Ankur Medhi, it is revealed that he was present there. However, the learned prosecution fairly submits that others materials are not there regarding his presence at the place of occurrence. There appears to be reasonable progress in the investigation as well. 6. Despite the elapse only about 25 days from the registration of the FIR, in the given facts and circumstances, considering the aforesaid factois, I deem it fit to grant bail to the accused. Accordingly, Page No.# 4/4 the accused, namely Ajoy Phukan, is hereby allowed to go on bail of Rs.30,000/- with one surety of like amount to the satisfaction of the court of learned CJM, Kamrup (M) and subject to the conditions that:- (i) That the accused person shall co-operate in the investigation; (ii) That the accused person shall not hamper or tamper with evidence; and (iii) That the accused person shall keep peace and not misuse his liberty to commit any illegal activity or offences. 7. Violation or breach of any conditions shall entail cancellation of bail. 8. With the above observations, this bail petition stands allowed and disposed of accordingly. Return the case diary. JUDGE Comparing Assistant