Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010152802026
2026:GAU-AS:10496
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2072/2026 HIMANGSHU SINHA AND ANR S/O LT HORI PADA SINHA, R/O PANJABARI, BOTAHGHULI, PS SATGAON, DIST KAMRUP (M), ASSAM 2: PURAN BAHADUR S/O LT PRAVIN BAHADIR R/O BYLANE 2 NARENGI SATGAON PS SATGAON DIST KAMRUP (M VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR OF ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 30.07.2026
Heard Mr. M. Saikia, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3
2. This petition, under Section 483, BNSS is preferred by two accused, namely, Himangshu Sinha and Puran Bahadur, who have been languishing in jail hazot in connection with Basistha P.S. Case No. 274/2026, under Sections 117(2)/109/117(2)/3(5) of the BNS, 2023, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Bhabesh Kalita on 18.07.2026. The essence of allegation against the present accused persons is that they had assaulted the informant and kept him confined inside the premises of ESIC Hospital at Beltola, and when his brother, namely, Bhaskar Kalita came to rescue him, they had assaulted him also. 4. Mr. Saikia, the learned counsel for the accused submits that the accused persons are security personnel of ESIC Hospital and they were arrested on 18.07.2026, and since then, they have been languishing in jail hazot for last 11 days. He further submits that in view of the nature of allegation, further custodial detention of the accused persons may not be required and therefore, he has contended to allow the petition. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor has opposed the petition, as investigation is going on. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record. 7. It appears that the FIR was lodged on 18.07.2026, and on the same day, the accused persons were arrested, and since then, they have been languishing in jail hazot for last 11 days. 8.
In view of the nature of allegation in the FIR, and also in view of the
Page No.# 3/3 length of detention, and the punishment prescribed for the same, further custodial detention of the accused persons seems to be not warranted, in the interest of investigation. 9. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 10,000/- each, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, the accused persons be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant