Page No.# 1/3 GAHC010272112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3957/2025 MANOJ NATH ALIAS MANUJ NATH SON OF MUKUNDA NATH RESIDENT OF VILLAGE HABI BARANGABARI PS MIKIRBHETA IN THE DISTRICT MORIGAON PIN 782106 ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 11.12.2025 Heard Mr. M. Das, learned counsel for the petitioner. 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 petitioner namely, Manoj Nath @ Manuj Nath, has prayed for bail in connection with Page No.# 2/3 Gorchuk P.S. Case No. 304/2025 under Section 103(2) of BNS, 2023. 3. The petitioner is stated to have been detained in custody since 12.11.2025. 4. The case arose out of an FIR dated 12.11.2025 lodged by a constable. The gist of the allegation is that a telephonic information was received about thief being detained by some local persons at the stated area and upon going there, one man found to weak condition being held by local person and upon being brought to the police station his name was disclosed as Prahlad Kalita and seeing his physical condition, he was taken to hospital. However, his condition deteriorated and he expired in GMCH. It is alleged that later, CCTV visual of the area was examined which revealed a group persons assaulting the said person with sticks while detaining him. 5. The five persons were named in the FIR as the identified assailants and the petitioner is one of them. 6. Case diary as called for has been received. 7. The learned Additional Public Prosecutor submits that investigation has progressed but not yet completed. It is also submitted that witnesses have not directly implicated the petitioner. Postmortem report is stated to be not fully complete with regard to opinion regarding death but it does not indicate external injury. 8. The learned counsel for the petitioner draws my attention to an order dated 03.12.2025 passed by the Co-ordinate Bench of this Court, whereby three of the co-accused, named in the FIR, was granted regular Page No.# 3/3 bail. 9. In the emerged circumstances, seeing the progress of investigation, the length of detention and the aspect of parity, the petitioner can be released on bail at this stage, subject to conditions. 10. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Gorchuk P.S. Case No. 304/2025 under Section 103(2) of BNS, 2023, on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court [CJM, Kamrup(M)] 11. The direction for bail is further subject to the condition(s) that the accused-petitioner: (a) shall render cooperation with the remaining investigation; (b) shall not hamper or tamper with evidence; (c) shall not try to influence any witnesses; (d) shall be available for trial, if one commences; and (e) shall not intimidate or harass the family members of the victim. 12. Violation or breach of any condition(s) shall entail cancellation of bail. 13. With the above observations, this bail petition stands allowed and disposed of accordingly. 14. Send back the case diary. JUDGE Comparing Assistant