Page No.# 1/3 GAHC010250062025 2025:GAU-AS:16054 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3675/2025 KAPIL BORAH S/O LATE NANDESWAR BORAH, R/O GORBASTI, PS DHEKIAJULI, DISTRICT SONITPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. I U CHOWDHURY,MD A RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.11.2025 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Ashan Ali Sk, has prayed for bail in connection with Tamarhat P.S. Case No. 112/2025 under Section 117(2)/105 of BNS, 2023 r/w Section 98(a)/99(5) of Assam Police Act, 2007. 3. The accused is an S/I of police and he was arrested in this case on 08.10.2025. 4. The case arose out of an ejahar dated 06.10.2025 lodged by Biren Roy, father of the deceased Monohari Roy. The brief facts in a nutshell are that on 28.09.2025, in the evening, the deceased and his two friends Rakesh Roy and Ganesh Roy went to the house of one Habibul SK supposedly collect some due amount and instead of the said person, met his father and there was some altercation and matter was informed to accused herein in the police station. It is alleged that subsequently, the three boys were brought to the police station and subjected custodial violence. Subsequently, on 01.10.2025, one of the boys, Monohari Roy expired. 5. It is submitted by the learned counsel for the petitioner that the allegations are false and the accused is not involved in any custodial violence. 6. The learned Additional Public Prosecution submits that case diary has been received and opposed granting bail to the petitioner. 7. I have perused the relevant portion of case diary. 8. With regard to the incident, an enquiry was conducted by Additional Superintendent of Police(HQ), Dhubri. The narration in the enquiry report available in the case diary, indicates custodial violence and the same has also Page No.# 3/3 reference to the version of witnesses including some police personnel at the police station. 9. The investigation so far as also revealed materials, lending support to the allegation about the three boys including the deceased, being subjected custodial violence in the backside of the police station. 10. The investigation is in progress. The accused being a police officer himself is an influential person vis-à-vis the investigation. 11. In the given facts and circumstances, keeping in mind the seriousness of the allegation, considerable incriminating materials which have revealed by the investigation – this bail petition of the present accused is rejected at this stage. 12. Accordingly, the bail application stands disposed of. 13. Send back the case diary. JUDGE Comparing Assistant