Page No.# 1/3 GAHC010034602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./453/2025 NANDALAL DAS AND 4 ORS SON OF LATE MANINDRA DAS, RESIDENT OF NO. 2 RAJGARH, P.S. DIMAKUCHI, DISTRICT - UDALGURI, ASSAM. 2: DEEPA DEVNATH DAS @ DIPA DEBNATH DAS WIFE OF SRI NANDALAL DAS RESIDENT OF NO. 2 RAJGARH P.S. DIMAKUCHI DISTRICT - UDALGURI ASSAM 3: SABITRI MAZUMDAR DAUGHTER OF LATE PARITOSH MAZUMDAR RESIDENT OF NO 2 RAJGARH P.S. DIMAKUCHI DISTRICT - UDALGURI ASSAM. 4: MITHUN DAS S/O SRI NANDALAL DAS R/O NO. 2 RAJGARH P.S. DIMAKUCHI DIST. UDALGURI ASSAM 5: BIKU DAS S/O SRI NANDALAL DAS R/O NO. 2 RAJGARH P.S. DIMAKUCHI DIST. UDALGURI ASSA VERSUS Page No.# 2/3 THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.02.2025 1. Heard Mr. B.K. Mahajan, learned counsel for the petitioners. Also heard Mr. DP Goswami, learned Addl. PP, State of Assam. 2. This is an application under section 483 of the BNSS, 2023, whereby, five numbers of petitioners, namely, 1. Nandalal Das, 2. Deepa Devnath Das @ Dipa Debnath Das, 3. Sabitri Mazumdar 4. Mithun Das & 5. Biku Das have prayed for releasing them on bail. They are facing trial in Sessions (I) Case No.7/2025 under section 61(2)/103(2), pending in the court of Additional District and Sessions Judge, Udalguri arising out of Dimakuchi PS Case No.55/2024 under section 103(1)/189(2) of BNS, 2023. 3. In the FIR, it is alleged that on 25.11.2024 at about 7 am, all the petitioners, who belong to the same family, had attacked the deceased Ram Krishna Sanyasi. It is alleged that the petitioners had badly assaulted the said person, as a result of which, on 28.11.2024 he succumbed to his injuries. Police registered the case under section 103(1)/189(2) of the BNS, 2023. 4. It may be stated that in this case there are two eye witnesses, namely, Purnima Mazumder and Prasanta Mazumder. They gave statements under section 183 of the BNSS, 2023. Both have stated that it was the petitioner No.4, Mithun Das who had hit the head of the Page No.# 3/3 deceased with a stick. The post mortem report also shows that the deceased had only one injury on his head. 5. I have considered the submissions made by the learned counsel for both the sides in the light of the materials available in the record. 6. This court is of the opinion that except the petitioner No.4 Mithun Das, the other petitioners do not deserve to be detained in custody for any further period of time. Therefore their bail applications are allowed. 7. It is hereby directed that the petitioners, namely, 1. Nandalal Das, 2. Deepa Devnath Das @ Dipa Debnath Das, 3. Sabitri Mazumdar & 5. Biku Das, who are facing trial in Sessions (I) Case No.7/2025 under section 61(2)/103(2), pending in the court of Additional District and Sessions Judge, Udalguri arising out of Dimakuchi PS Case No.55/2024 under section 103(1)/189(2) of BNS, 2023, shall be released on bail of Rs.25,000/- each with suitable sureties of like amount to the satisfaction of the learned Additional Sessions Judge, Udalguri. 8. The prayer made by the petitioner No.4. Mithun Das is rejected at this stage. 9. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant