Page No.# 1/4 GAHC010237122025 2025:GAU-AS:14881 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3497/2025 KAMAL BORAH SON OF RAJANI BORAH, RESIDENT OF BALENGI DEMOW, POLICE STATION - DEMOW, PIN - 785672, DISTRICT SIBSAGAR, ASSAM, VERSUS THE STATE OF ASSAM REP, BY THE PP,ASSAM Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.11.2025 Heard Mr. V. A. Chowdhury, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Addl. PP for the State of Assam. 2. This is an application filed under Section 483 of BNSS, 2023 for granting regular bail to the accused applicant in connection with Bokajan GRPS Case No.08/2025 registered under Section 121(1)/132/126/ (1)/296/115(2)/109(1)/3(5) of BNS, 2023. Page No.# 2/4 3. The accused applicant was arrested on 08.09.2025 and for the last 57 days, he is languishing in judicial custody. 4. An FIR was lodged on 07.09.2025 by the informant, namely, Koushik Mazumdar, Bokajan GRPS before the Officer-in-Charge, Bokajan GRPS alleging inter alia that on 05.09.2025 at about 10.28 PM, a Police team from Bokajan GRPS including the informant was conducting a search operation for illegal liquor; that while conducting the search operation, the team recovered one bottle of McDowell’s No. 1 Celebration Rum; that when the individual was questioned about the Rum, he suddenly became aggressive and he pushed the police officer and fled to an adjacent coach; while the police team persued the said individual, he managed to gather 5-6 of his fellow bedroll staff members who were suspected to be under the influence of alcohol, obstructed the police team from performing their lawful duties by using abusive language, physically assaulted the police team; that despite the attack, the police team managed to control the situation and they disembarked at Dimapur Railway Station; that the informant sustained physical injuries; that the Police identified the accused persons and thereafter, filed the instant FIR against the accused persons. 5. Accordingly, Bokajan GRPS Case No. 08/2025 was registered against the accused persons under Sections 121(1)/132/126/ (1)/296/115(2)/109(1)/3(5) of BNS, 2023. 6. The learned counsel appearing for the accused applicant submitted that the accused applicant was in fact nowhere involved in the aforesaid alleged offence described in the FIR. He submits that the accused applicant was arrested on 08.09.2025 and for the last 57 days, the accused applicant is languishing in judicial custody and the investigating Page No.# 3/4 authority is yet to file the charge sheet against the accused applicant. He further submitted that the statements of the accused applicant has already been recorded by the investigating authority and therefore, there is no plausible reason for keeping the accused applicant behind the bar. Therefore, he prays for releasing of the accused applicant on regular bail. 7. Mr. Parasar, learned Addl. PP submits that the investigation is still going on, therefore, this is not the appropriate stage, wherein, the accused applicant can be allowed to go on regular bail. 8. Case Diary, in the instant case, has been submitted before this Court which contain the Medical Report along with various tests that have been conducted on the informant who was supposedly injured by the accused applicant. It is seen from those reports that the injury sustained by the informant is not of serious nature and the informant has sustained only a simple injury. 9. This Court has heard the submissions forwarded by the respective counsels appearing for the parties and the materials brought on record before this Court and after perusal of those materials, Case Diary and taking into account the fact that the accused applicant has already spent more than 57 days in judicial custody, this Court is of the considered opinion that in the instant case, the accused applicant should be allowed to go on regular bail. Therefore, the accused applicant, namely, Kamal Borah is directed to be released from the judicial custody on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with surety of like nature to the satisfaction of the Chief Judicial Magistrate, Bokajan, Karbi Anglong, Assam with the following conditions: Page No.# 4/4 a) that the accused applicant shall co-operate with the investigation and make himself available as and when called for by the investigating officer; (b) the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. This Bail Application stands disposed of as allowed. JUDGE Comparing Assistant