Page No.# 1/5 GAHC010231702025 2025:GAU-AS:14883 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3399/2025 ABHINASH KACHARI AND 4 ORS S/O- LATE BALI KACHARI, RO VILL BORSHIYA, PO CHAPAKHUWA, PS SODIYA, DISTRICT TINSUKIA, ASSAM,PIN 786157 2: SATYAJIT BASUMATARY S/O- SOMESWAR BASUMATARY RO VILL DHEKIDAL PO GHORAMARI PS SALONIBARI DIST SONITPUR ASSAM 3: JADUMONI SAIKIA S/O- GUNEN SAIKIA RO VILL NO 2 FALLANGANI PO FALLANGANI PS BOGIJAN DIST GOLAGHAT ASSAM PIN 785702 4: REBOT GOGOI S/O- PADMA GOGOI R/O VILL ENTHEM NAGAPATHER PO- PANERI PS- PANERI DIST TINSUKIA ASSAM PIN 786174 5: KAMAL BORAH S/O- RAJANI BORAH RO VILL BALENGI DEMOW PO BALENGI Page No.# 2/5 PS DEMOW DIST SIBSAGAR ASSAM PIN 78567 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR K THAKUR 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. D. Medhi, learned counsel appearing for the accused applicants 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 applicants 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. 3. The accused applicants were arrested on 08.09.2025 and for the last 57 days, they are 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 Page No.# 3/5 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 applicants submitted that the accused applicants were in fact nowhere involved in the aforesaid alleged offence described in the FIR. He submits that the accused applicants were arrested on 08.09.2025 and for the last 57 days, the accused applicants are languishing in judicial custody and the investigating authority is yet to file the charge sheet against the accused applicants. He further submitted that the statements of the accused applicants have already been recorded by the investigating authority and therefore, there is no plausible reason for keeping the accused applicants behind the bar. Therefore, he prays for releasing of the accused applicants on regular bail. The learned counsel for the accused applicants further submits that the Page No.# 4/5 one of the co-accused, namely, Prokash Biswakarma has already been granted bail by the learned Sessions Judge, Karbi Anglong. The learned counsel for the accused applicants further submits that the Accused/applicant No. 5 i.e. Kamal Borah has already filed a separate bail application, being BA No. 3497/2025, therefore, he would not press for bail for applicant No.5. 7. Mr. Parasar, learned Addl. PP submits that the investigation is still going on, therefore, this is not the appropriate stage, wherein, the accused applicants can be allowed to go on regular bail. 8. Case Diary, in the instant case, has been submitted before this Court which contained the Medical Report along with various tests reports that have been conducted on the informant who was supposedly injured by the accused applicants. 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 applicants have already spent more than 57 days in judicial custody, this Court is of the considered opinion that in the instant case, the accused applicants should be allowed to go on regular bail. Therefore, the accused applicants, namely, (1) Abinash Kachari, (2) Satyajit Basumatary, (3)Jadumoni Saikia, and (4) Rebot Gogoi are directed to be released from the judicial custody on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, with surety of like nature to the satisfaction of the Page No.# 5/5 learned Chief Judicial Magistrate, Bokajan, Karbi Anglong, Assam with the following conditions: a) that the accused applicants shall co-operate with the investigation and make themselves 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