Page No.# 1/4 GAHC010147522026 2026:GAU-AS:10574 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1978/2026 JOYDEEP ROY ALIAS MONTI AND ANR S/O JHANTU ROY 2: NIHAR DAS S/O SUCHANDRA DAS BOTH ARE R/O SUBHASH NAGAR WARD NO 15 P.O. KARIMGANJ DIST. SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. RAJARSHEE DE, MS. U NANDA Advocate for the Respondent : PP, ASSAM, N HASAN(INFORMANT),F. SHAHIN(INFORMANT),P SINGH(INFORMANT),MR A HUSSAIN(INFORMANT),MR. B K SEN(INFORMANT) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 31-07-20 26 Heard Mr. Rajarshee De, learned counsel for the petitioners and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. Also heard Mr. B. K. Sen, learned Amicus Curiae for the informant/respondent No.2. 2. This is an application under Section 483 of BNSS, 2023, for granting bail to the petitioners, namely, (i) Joydeep Roy @ Monti and (ii) Nihar Das in connection with Sribhumi P.S. Case No. 111/2026, corresponding to G.R. Case No. 431/2026 registered under Sections 329(4)/189(2)/117(2)/118(2)/109/304 of BNS, 2023. 3. The informant of the instant case one Arijit Dey lodged a written FIR on 18.05.2026, before the Officer-in-Charge, Sribhumi P.S. alleging inter alia that on 16.05.2026 at around 10:30 to 11:00 pm, when he and his associate closed their shop and came downstairs, a group of persons allegedly tried to assassinate them. It was further alleged that due to the attack, both of them sustained severe injuries and were recovered by the patrolling squad of Sribhumi police. They received preliminary treatment from Karimganj Civil Hospital. It was also alleged that the accused snatched gold ornaments and cash of Rs. 2 lakhs from them. On receipt of the FIR, the I/O made a G.D.E. entry vide G.D.E. No. 07 dated 18.05.2026 and after conducting an enquiry, he forwarded the case to the Officer In charge on 19.05.2026. On receipt of the case, the Officer In charge, Sribhumi P.S. registered the same on 19.05.2026 vide Sribhumi P.S. Case No. 111/2026, under Section 329(4)/189(2)/117(2)/118(2)/109/304 of BNS and started investigation. 4. It is submitted on behalf of the petitioners that the petitioners have spent 55 Page No.# 3/4 days behind the bars and having regard to the nature of allegation, the prayer for bail may be allowed. 5. The learned Addl. PP submits that although the case diary is available, but the injury report is not available in the case diary. 6. In a case of the nature involving the physical assault, it is expected that the I.O. would be conscious of the fact that the injury report is one of the important documents while considering the bail application, but for reasons best known to the I.O., he has chosen to withhold the injury report from the Court and therefore, adverse inference is drawn against the I.O. 7. Further upon perusal of the case diary, the learned Addl. PP submits that there are incriminating materials against the petitioners, but from the pointed query from the Court, the learned Addl. PP has submitted that no mention of any weapon has been made by the witnesses. 8. Mr. Sen, learned counsel for the informant has firmly objected to the bail prayer on the ground that the petitioners herein along with other co-accused had brutally assaulted the victims as a result of which, they sustained injuries resulting in loss of eye sight as well. 9. Having regard to the materials available in the case diary, the length of detention of 55 days and submission of learned counsel for the parties, I am of the view that further detention of the petitioners are not necessary. 10. Hence, the prayer for bail is allowed. 11. Accordingly, the above-named petitioners are allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) each only, with 2 (two) local sureties each of like amount subject to the satisfaction of the learned CJM, Sribhumi with following conditions: Page No.# 4/4 (i) That the petitioners shall not hamper with the investigation, or tamper with the evidence of the case. (ii) That the petitioners shall not try to influence or intimidate any person or the remaining witnesses, who are acquainted with the facts of the case, in any manner. (iii) That the petitioners shall not commit any offence while on bail. 12. Violation of bail conditions might entail cancellation of the bail. 13. With the above observations, this bail application is disposed of. 14. Return the case diary. JUDGE Comparing Assistant