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2025 DAILYLAW 27160 (GAU)

BHADRA KANTA SAIKIA AND 2 ORS v. THE STATE OF ASSAM

Bail Appln./3441/2025 · 2025-12-07

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010233342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3441/2025 BHADRA KANTA SAIKIA AND 2 ORS S/O LT. TULARAM SAIKIA R/O IVLL- GERIMARI P.O. MANGALDOI P.S. MANGALDOI DIST. DARRANG, ASSAM PIN- 784125 2: TARANI BARAIK S/O LT. KANGLA BARAIK R/O VILL- GERIMARI P.O. MANGALDOI P.S. MANGALDOI DIST. DARRANG ASSAM PIN-784125 3: BRAJENDRA SARMAH S/O LT. BENUDHAR SARMA R/O VILL- GERIMARI P.O. MANGALDOI P.S. MANGALDOI DIST. DARRANG ASSAM PIN-78412 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR A A DEWAN, MS. P DEKA,R ISLAM Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.12.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, (i) Bhadra Kanta Saikia (ii) Tarani Baraik (iii) Brajendra Sarmah, have prayed for bail in connection with Mangaldoi P.S. Case No. 174/2025 under Section 103(1)/61(2) of BNS, 2023. 3. The petitioners are stated to have been detained in custody since 04.09.2025. 4. The ejahar was lodged by the wife of the deceased on 03.09.2025. It is stated in the ejahar that on 30.08.2025, her husband went to his native village on their four wheeler vehicle along with the petitioner and subsequently, he expired. 5. The learned counsel for the petitioner submits that his limited contention at this stage is that the investigation is completed and that they shall co-operate with the trial. Page No.# 3/4 6. The scanned TCR has been received. 7. The learned Additional Public Prosecutor has fairly submitted that on the investigation, it appears that the petitioner along with deceased had gone to another village to cremate one of their common friends and thereafter, the deceased consumed liquour and subsequently, his death took place. 8. The investigation has been completed and also keeping in mind the length of detention, he can be released on bail at this stage, subject to conditions. 9. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Mangaldoi P.S. Case No. 174/2025 under Section 103(1)/61(2) of BNS, 2023, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court. 10. The direction for bail is further subject to the following conditions: (a) That the petitioners shall be available for the trial; (b) That the petitioners shall not hamper or tamper with evidence; and (c) That the petitioners shall not intimidate or harass the informant or his family members. 11. Violation or breach of any condition(s) shall entail cancellation of bail. Page No.# 4/4 12. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant