Page No.# 1/4 GAHC010280872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4100/2025 RATUL GOGOI ALIAS PALASH GOGOI S/O SRI PRAFULLA GOGOI R/O-VILL-1 NO. KADAMGURI P.S.- GOGAMUKH DIST- DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 11.02.2026. Heard Mr. T. Chutia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/4 2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Ratul Gogoi @ Palash Gogoi, who has been arrested on 22.11.2025, in connection with the Gogamukh P.S. Case No. 122/2025, under Sections 103(1)/3(5) of the BNS, 2023. 3. The case diary has already been received. However, it is submitted by Mr. P. Borthakur, the learned Additional Public Prosecutor, Assam that the post mortem report is not sent by the I.O., in spite of several intimations. 4. It is submitted by Mr. Chutia, the learned counsel for the petitioner that on several occasions the case was fixed for post mortem report but till date the post mortem report could not be produced by the I.O. He further submitted that from the statement made in the FIR also it is seen that the deceased died due to assault by one of the co-accused on his private part. However, he also admitted that there were some altercation and quarrel between the accused and the deceased but he has not assaulted the deceased and the deceased only died only due to assault by one of the co-accused. However, it is submitted by Mr. Chutia, the learned counsel for the petitioner that the accused is in the custody since last 81 days and hence, considering his length of detention also, he may be released on bail. However, the petitioner is ready to extend his cooperation in further investigation of the case, if he is provided with the privilege of bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that though the post mortem report is not available in the record, but the statement made by the eye witnesses and the materials available in the case diary, it is seen that along with other accused persons, the present accused is Page No.# 3/4 also involved in the alleged offence and the deceased died due to kicks and punches given by the present accused person along with other co-accused. Accordingly, he submitted that the prayer for bail may not be considered at this stage. 6. Hearing the submissions made by the learned counsels for both sides, I have also perused the case diary wherefrom it is seen that it is a case wherein a quarrel took place between the deceased and the accused petitioner along with some other co-accused, while he was trying to board in a bus. There are some incriminating materials available against the present accused petitioner. However, the materials available in the case diary, it is seen that the probability of filing the charge sheet within 6/7 days will not be possible in this case, as the I.O. is still waiting for the post mortem report and the report from the FSL. 7. Considering all these aspects of the case, without going detail into the merit of the case, only consider the length of detention, I find that further custodial interrogation may not be required for the purpose of investigation. 8. I find it to be a fit case wherein the privilege of bail can be extended to the present accused petitioner. . 9. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees twenty thousand) only with 2 (two) sureties of like amount, to the satisfaction of the learned CJM, Dhemaji, the accused petitioner, namely, Ratul Gogoi @ Palash Gogoi, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of Page No.# 4/4 the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Dhemaji, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Dhemaji. 10. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant