Page No.# 1/3 GAHC010246922025 2025:GAU-AS:16005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3603/2025 KUMARESH DAS CHOUDHURY SON OF LATE SURESH DAS CHOUDHURY. R/O VILL- 100 PARIVAR, FAKUA, P.S. R.K. NAGR, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.11.2025 1. Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been Page No.# 2/3 filed by the petitioner, namely, 1. Kumaresh Das Choudhury, has prayed for bail in connection with R.K P.S Case No. 65/2025 registered under Sections 191(2)/191(3)/190/118(2)/109 BNS. 3. Case diary as called for has not been received. 4. The learned Additional Public Prosecutor prays for further time to produce the case dairy, although this is the second occasion on which the I.O has failed to produce the case diary. 5. The allegations as reflected in the FIR is that while the son of the nephew of the informant was sitting under a tree with some of his friends, a group of persons including the present petitioner attacked him, as a result of which he sustained grievous injuries. 6. The learned counsel for the petitioner submits that as per the informant’s own version, he saw one Shanu Das Choudhury flee from the scene carrying the blood-stained dao and it is further submitted that the said Shanu Das Choudhury is the son of the present petitioner. 7. It is further submitted that the informant nowhere stated that he saw the petitioner at the place of occurrence. 8. The petitioner, who is aged 59 years, was arrested on 08.09.2025 and has now spent 78 days behind the bars. 9. It is expected that the investigation of the case would have progressed by now and having regard to what has been stated above, further detention of the petitioner is not necessary. Hence, the prayer for bail is allowed. Page No.# 3/3 10. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of like amount subject to the satisfaction of the Court of learned CJM, Sribhumi with following conditions: (i) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (ii) That the petitioner shall not commit any offence while on bail; (iii) That the petitioner shall not hamper the investigation or tamper with the evidence; 11. Violation of bail conditions might entail cancellation of the bail. 12. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant