Page No.# 1/2 GAHC010029482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./446/2025 SRI DHRUBA JYOTI MAHANTA @ DHRUBA MAHANTA S/O SRI GIRISH CH. MAHANTA RESIDENT OF MURARA NEAR GOPAL MANDIR, PO AND PS RANGIYA, DIST KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J P DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2025 Heard Mr. J.P. Das, the learned counsel appearing for the petitioner. Also heard Mr. DP Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Sri Dhruba Jyoti Mahanta @ Dhruba Mahanta has prayed for releasing him on bail in respect of Rangiya P.S. Case No. 351/2024. 3. On 25.12.2024, Dharmendra Nath had gone Khoirabari Maldhapara Ashram for picnic. On an accusation that he had damaged a car, the petitioner alongwith some other persons had assaulted him and threw him into a pond but Dharmendra Nath somehow managed to come out of the pond and left the place. Page No.# 2/2 4. In the meantime, the father of Dharmendra Nath reached the place of occurrence and those boys took an amount of ₹7,000/- from him. After that, at a different place the dead body of Dharmendra Nath was discovered. 5. Mr. Das submits that the petitioner is a Govt. servant. On the day of occurrence he visited the picnic spot, took a snap of photographs with other boys and after that, he left the place. Mr. Das submits that the petitioner was not present in the place of occurrence, as alleged in the FIR, where Dharmendra Nath was assaulted. 6. Mr Goswami submitted that all the boys including the petitioner had assaulted the deceased Dharmendra Nath. As per medical report, Dharmendra Nath died after sustaining injuries. 7. This Court is of the opinion that in an earlier occasion that the bail prayer of the some of the accused persons was allowed on the ground of parity. 8. Mr. Das submits that the witnesses had seen the accused persons assaulting the deceased Dharmendra Nath. 9. Mr. Goswami has objected to this bail application. 10. After considering the submissions made by the learned counsel of both sides in the light of the circumstances relating to the case, this Court is of the opinion that no purpose would be served by keeping the petitioner in custody for any further period of time. Therefore, the bail application of the petitioner is allowed. 11. It is hereby directed that the petitioner Sri Dhruba Jyoti Mahanta @ Dhruba Mahanta, who was arrested in connection with Rangiya P.S. Case No. 351/2024, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned SDJM, Rangiya, Assam. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant