Page No.# 1/2 GAHC010024272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./345/2025 GAUTAM SARKAR S/O- GOPAL SARKAR R/O- JOSODAR PAM, P.O.-GARATARI, P.S.- SARTHEBARI DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M CHOUDHURY, MR. M MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.02.2025 Heard Mr. M. Mondal, the learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Gautam Sarkar has prayed for releasing him on bail, after he was arrested in connection with Dispur P.S. Case No. 26/2025. Page No.# 2/2 3. It is alleged in the FIR that on 14.01.2025, at about 8.30 PM, the deceased had a quarrel with some other persons. It is stated in the FIR that all the persons were drunk at that time. 4. It is further alleged that the group of people had killed the deceased and tried to cover up the said incident by projecting it to be a road accident caused by a driver of a truck. 5. Mr. Goswami has submitted that the CD reveals that on the day of occurrence, a truck which was used to carry water, had hit the deceased, for which the deceased died. The present petitioner is the driver of the said truck. 6. The CD further reveals that some of the quarrelling persons had pushed the deceased towards the road and the truck, which was coming from the other side had hit the deceased. 7. After considering the submissions made by the learned counsel of both sides in the light of the materials available in the record, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. 8. It is hereby directed that the petitioner, Gautam Sarkar, who was arrested in connection with Dispur P.S. Case No. 26/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, Assam. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant