Page No.# 1/3 GAHC010001502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./38/2025 AJOY NUNIA S/O SATYA NARAYAN NUNIA VILL AND P.O. KOYAH T.E., P.S. LALA DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA, MS. S. DEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.01.2025 1) Heard Mr. N. H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. P. S. Lahakar, learned Additional Public Prosecutor for the State of Assam. 2) This application under Section 483 of the BNSS, 2023 has been filed by the petitioner Ajoy Nunia who has been detained behind the bars since, 13.11.2024 (for last 58 days) in connection with Lala P.S. Case No.187/2024 Page No.# 2/3 under Sections 181(2)/121(2)/132/3(5) of the BNS, 2023, added Section 324(4) BNS, read with Section 7 of the prevention of Damage to Public Property Act, 1984. 3) The gist of accusation in this case is that on 01.11.2024, one Dharmendra Das, SI of Police had lodged an FIR before the Officer-In-Charge of Lala police station, inter alia, alleging that on 31.10.2024, at about 7:45 PM on receipt of an information through reliable sources that some people are engaged in gambling playing “Jhandi Munda” on the roadside at different places. Police reached there and started picking the gambling material. It is alleged that at that time about 200 people gathered there and started attacking the police personnel and also started damaging the government vehicle. 4) The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in the FIR and allegation made against him in the FIR is not true. 5) The learned counsel for the petitioner submits that the petitioner is a Government servant presently working as an Excise constable posted at Hailakandi, Assam. 6) The learned counsel for the petitioner also submits that the petitioner has been detained behind the bars for last 58 days and considering his period of detention, he may be allowed to go on bail. 7) The learned counsel for the petitioner has submitted that in the meanwhile, one of the co-accused Sri. Rambhubon Nunia has already been allowed to go on anticipatory bail by this Court and while granting the said petitioner anticipatory bail, it has been observed after perusal of the Case Diary that the Police personnel suffered simple injury. 8) On the other hand, learned Additional Public Prosecutor has produced the Page No.# 3/3 Case Diary of Lala P. S. Case No.187/2024 and has submitted that there are sufficient incriminating materials against the present petitioner in the Case Diary. 9) I have perused the materials available on record including the Case Diary of Lala P. S. Case No.187/2024 and I have considered the submissions made by learned counsel for both the sides. 10) Though on perusal of the Case Diary, it appears that there are incriminating materials against the present petitioner. However, considering the fact that one of the co-accused has already been granted anticipatory bail as well as considering the progress of the investigation made and the period of detention undergone by the present petitioner, his further custodial detention does not appear to be necessary for the fair completion of the investigation of the above noted case. 11) In view of above, the above named petitioner is allowed to go on bail of Rs.30,000/-(Rupees Thirty thousand only) with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Hailakandi subject to the conditions that:- (i) the petitioner shall co-operate in the investigation, (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 12) With above observation this bail application stands disposed of. JUDGE Comparing Assistant