Page No.# 1/4 GAHC010005452025 2025:GAU-AS:1022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./66/2025 BHABENDRA NATH KALITA @ BHABEN KALITA S/O LATE NANDA RAM KALITA, PERMANENT RESIDENT OF VILLAGE MAJAGARI, PS TAMULPUR, DIST TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS N BARUAH, MR P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.01.2025 Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023 praying for Page No.# 2/4 grant of bail to the accused/petitioner, who has been arrested in connection with Tamulpur P.S. Case No. 329/2024, under Sections 127(2)/115(2)/351(2)/105 of BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. Mr. Das, learned counsel for the petitioner, submitted that the present accused/petitioner is the employer of the company and he is no way connected in the alleged offence. It is a fact that the deceased was working in the company 1 (one) month prior to the incident and he fell down from the 2nd floor of the building as he went up to the building in intoxicated state and thereafter the co-employee as well the petitioner also took him to the hospital and provided him treatment. However, due to injury sustained by him, he died after some days in the hospital. Thus, there is no ingredient to attract the case against the petitioner under Section 105 BNS, which is subsequently added in the present case. But, without knowing the actual fact of the case, the F.I.R. has been lodged against the present petitioner. Further, the accused/petitioner is in custody for last more than 37 days and thus, the I.O. got sufficient time to interrogate him keeping him in custody. Accordingly, Mr. Das submitted that further custodial interrogation of the present petitioner may not be required for the interest of investigation. However, he is still ready and willing to co-operate the I.O. in further investigation of the case if he is granted with the privilege of bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that from the materials available in the Case Diary, it is seen that the deceased Page No.# 3/4 sustained injury by falling down from the 2nd floor of the building. He further submitted that there is no direct evidence against the present petitioner, however it is the allegation against him that he did not take care and provide necessary treatment to the deceased after the said incident. Further he submitted that till date, the Post Mortem Report is not collected by the I.O. and the case is still under progress. Considering the submissions made by the learned counsels for both sides, materials available in the Case Diary and also considering the length of detention already undergone by the accused/petitioner, I am of the view that further custodial interrogation of the present petitioner may not be required for the interest of investigation and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, the accused/petitioner, namely, Bhabendra Nath Kalita @ Bhaben Kalita, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 4/4 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Baksa, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant