Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010144402026
2026:GAU-AS:10341
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2002/2026 HARIHAR DAS SON OF BABUL DAS RESIDENT OF 1 NO. BAGATA, POLICE STATION- HAJO, DISTRICT- KAMRUP, ASSAM VERSUS THE STATEOF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM,
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2026 Heard Mr. H. Ali, learned counsel for the accused and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Harihar Das, who is languishing in jail
Page No.# 2/3 hazot since 30.05.2026, in connection with Hajo P.S. Case No.199/2026 under Section 308(2)/351(2)/108/3(5) of BNS, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Pradip Malakar, on 21.05.2026. The allegation against the accused is that he has abetted commission of suicide by the son of Pradip Malakar by subjecting him to continuous harassment and also due to intimidation and blackmailing and extortion. 4. Mr. Ali, learned counsel for the accused submits that the accused was arrested on 30.05.2026 and he has already completed 59 days in jail hazot and the statutory period will over tomorrow and he further submits that further custodial detention of the accused may not be required in the interest of investigation and therefore, he has contended to allow this application to go on bail. 5. Per contra, Mr. Lahkar, learned Additional Public Prosecutor, Assam, has opposed the petition. Producing the case diary before this Court, he submits that the I.O. has collected sufficient incriminating materials against the accused and therefore, he has contended to dismiss the petition. 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Additional P.P.
7. It appears that the accused is behind the bar for last 59 days. The statutory period of detention here in this case is 60 days and the same will over by tomorrow.
Further, it appears that the I.O. has examined several witnesses and the investigation progressed significantly and in that view of the matter, further custodial detention of the accused, in the interest of investigation, seems to be unwarranted here in this case and accordingly, this Court is inclined to allow this application. 8. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, the
Page No.# 3/3 accused, namely, Harihar Das, shall be enlarged on bail. 9. In terms of above, this bail application stands disposed of. 10. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE