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2026 DAILYLAW 12027 (GAU)

BHASKAR SINHA v. THE STATE OF ASSAM

Bail Appln./2140/2026 · 2026-08-06

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/4 GAHC010157342026 2026:GAU-AS:10969 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2140/2026 BHASKAR SINHA SON OF LATE BHUPENDRA SINHA RESIDENT OF VILLAGE NALUGAON PS PATHARKANDI DISTRICT-SRIBHUMI VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA,MR. S SHOME,MR. S DUTTA,MS K BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 07.08.2026 Heard Mr. S Dutta, learned counsel for the accused applicant. Also heard Mr. B Sharma, learned Additional Public Prosecutor appearing for the State. Page No.# 2/4 This is an application under Section 483 of the BNSS, 2023, for granting regular bail to the accused/applicant, namely, Bhaskar Sinha who was arrested on 05.06.2026, in connection with Patharkandi Police Station Case No. 70/2026 registered under Sections 126(2)/191(2)/109/117(2)/115(2)/303(2) of the BNSS, 2023, presently pending before the Court of the learned Sessions Judge, Sribhumi. The case of the prosecution in brief are that on 01.06.2026 at about 9:30 PM the informant’s son had gone out to look for his missing cow, wherein he was assaulted by five persons who have been named in the FIR along with some other persons of the village, thereby causing grievous hurt to various parts of his body. Accordingly, Patharkandi P.S. Case No. 70/2026 was registered and investigated, whereafter the five FIR named accused were arrested. Later on, during the course of investigation and upon the involvement of the present applicant allegedly having come into light, he was also arrested on 05.06.2026 and has been languishing in jail since then. Mr. Dutta, learned counsel for the accused applicant submits that the accused is absolutely innocent and was never involved in the aforementioned incident that took place on 01.06.2026. In fact, the accused applicant was never present at the place of occurrence. He further submits that the accused applicant was not named in the FIR and has been falsely implicated in the case. Per contra, Mr. Sharma, learned APP appearing for the State submits that during interrogation, the victim while recording his statement under Section 180 BNSS, have stated that the present accused applicant was also present along with the accused persons named in the FIR and had also assaulted the victim. He further submits that statements of the accused persons along with the witnesses have already been recorded and the investigation has substantially progressed. However, the injury report of the victim is not yet received. Having heard the learned counsel for the parties and having perused the Page No.# 3/4 materials available on record, it appears that the present accused applicant was not named in the FIR. However, on the basis of the statements made by the victim that the present accused applicant was also present along with the FIR named accused while he was being assaulted, the present accused applicant was also arrested in the case. It appears that the accused applicant is languishing in jail for the last 62 days. It appears that the statement of the accused applicant has already been recorded and that he is co-operating with the investigation of the case. It further appears that the investigation has substantially progressed. Keeping in mind the length of detention already undergone and the stage of the investigation, it appears that further custodial detention of the accused applicant is not justified. Accordingly, considering the entire aspect of the matter, it is provided that the accused applicant, named above, be released on bail on furnishing bail bond of Rs. 30,000/-, with one surety of the like amount each, to the satisfaction of the jurisdictional Court, subject of course to the following conditions: i) That the accused applicant shall co-operate with the investigation; ii) That the accused applicant shall not, directly or indirectly, make any inducement, threat 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 accused applicant shall refrain from committing any similar offences in future of which he is accused or suspected of commission. With the above observation and direction, the instant bail application stands allowed and disposed of. Page No.# 4/4 Send back the case diary. JUDGE Comparing Assistant