Page No.# 1/3 GAHC010145332026 2026:GAU-AS:10935 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1970/2026 SRI KASHINATH GURAGAIN S/O SRI CHINTAMONI GURAGAIN R/O - VILL - MORISUTI, P.O - RANGACHAKUA, P.S - JAMUGURIGHAT, SONITPUR, ASSAM, PIN- 784182 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM Advocate for the Petitioner : MR. I H SAIKIA, MR K KASHYAB,MR. K KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06.08.2026 Heard Mr. I.H. Saikia, learned counsel for the accused. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Kashinath Guragain, who has been languishing in jail hazot in connection with Page No.# 2/3 Jamuguri P.S. Case No. 47/2026, under Sections 118(2)/109 of the BNS, 2023, since 22.05.2026, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of FIR lodged by one Krishna Bhattarai on 22.05.2026. The essence of allegation against the present accused is that on 21.05.2026, he assaulted Ganesh Bhattarai with a dao over his neck and caused serious injuries. 4. Mr. Saikia, the learned counsel for the accused submits that the accused was arrested on 22.05.2026, and since then, he has been languishing in jail hazot for last 75 days, and that he will face the trial and will appear before the learned trial Court regularly. He also submits that in the meantime, charge-sheet has also been submitted and as such, there is no question of hampering investigation, and under such circumstances, he has contended to allow the petition. 5. On the other hand, Ms. Bora, learned Additional Public Prosecutor has vehemently opposed the petition. Referring to the statement of the witnesses, from the scanned copy of the record received from the learned trial Court, she submits that the victim has implicated the accused with the offence and charge- sheet has been submitted under Section 118(1) and also under Section 109 of the BNS, 2023, wherein the maximum punishment prescribed is life and therefore, she has contended to dismiss the petition. 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, and also perused the scanned copy of the record received from the learned trial Court. 7. The medical report of the victim, which is available in the scanned copy of Page No.# 3/3 the record, indicates that the victim had sustained one lacerated injury over his neck and one abrasion over his feet, and the injuries are simple in nature. Further, after completion of investigation, charge-sheet has already been submitted and the accused has been languishing in jail hazot for last 75 days. 8. Under the given facts and circumstances, further custodial detention of the accused seems to be not warranted herein this case. Moreover, in view of the submission of charge-sheet, the question of hampering the investigation or tampering the witnesses also does not arise. Now, the trial will start and the accused will prepare his defence. 9. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 25,000/-, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant