Page No.# 1/4 GAHC010038542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./500/2025 DIGANTA DEKA SON OF LATE GAUTOM DEKA, RESIDENT OF SARTHEBARI (TAMULI CHUPA), P.O.- AND P.S.- SARTHEBARI, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM, Advocate for the Petitioner : PANKAJ JYOTI PATAR, MR. D K DAS,MR. R K NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --Bail Appln.500/2025 B E F O R E HON’BLE MRS. JUSTICE MITALI THAKURIA 24.02.2025 Heard Mr. D.K. Das, the learned counsel for the petitioner and also heard Mr. Page No.# 2/4 P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 26.12.2024 in connection with G.R. Case No. 7382/2024 arising out of Bhangagarh P.S. Case No. 182/2024 u/s 61(2), 318(4), 306, 316(2), 316(4), 316(5) of BNS Act. 3. It is submitted by Mr. Das that the present case was fixed for hearing as an Item No. 1 on 25.02.2024 but due to some emergency it was mentioned in the morning hours. It is submitted by Mr. Das that the present petitioner is innocent and he is not involved in the alleged offence. However, his earlier bail petition was rejected vide order dated 27.01.2025 after perusal of the Case Diary. Further he submitted that the present accused/petitioner at present is behind bar since last 61 days and the matter had to be mentioned only because of sudden death of his elder brother and his son in an accident which took place yesterday and two cousin brothers is also in the ICU. He further submitted that the dead body of both the brother and son is lying in the courtyard and there is no one to do the cremation and the last rites of his elder brother. More so, he submitted that the person who died yesterday in an accident was the deponent of affidavit in this case and only to perform the last rites of his elder brother his prayer may be considered. He further submitted that the accused-petitioner is behind the bars since last 61 days and thus the Investigating Officer got sufficient opportunity to interrogate him. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that from the earlier rejection order it is seen that there were sufficient incriminating materials against the present accused/petitioner and his earlier Page No.# 3/4 bail petition was also rejected after consideration of materials available in the Case Diary wherein the allegation of misappropriation of huge amount of money is involved. However, he submitted that considering the ground mentioned by the learned counsel for the petitioner, the prayer may be considered with some strict directions. 5. Considering the entire aspects of the case and without going into the details of the merit of the case and also considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitionerbe released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Diganta Deka, 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 required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them 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 CJM, Kamrup (M) without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant