Page No.# 1/3 GAHC010161312026 2026:GAU-AS:11042 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2223/2026 BROJEN BARMAN ALIAS BRAJEN BARMAN S/O LATE UPEN BARMAN VILL- BELSOR, P.S.- BELSOR DIST.- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DEKA, MS. C TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.08.2026 Heard Mr. S. Deka, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by the accused, namely Brojen Barman @ Brajen Barman, who has been languishing in jail hazot in connection with Basistha P.S. Case No. 274/2026, under Sections 109/117(2)/3(5) of the BNS, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on Page No.# 2/3 the basis of an FIR lodged by one Bhabesh Kalita on 18.07.2026. 3.1. The essence of allegation made in the FIR is that the security personnel of ESIC Hospital had assaulted the informant and kept him confined inside the premises of ESIC Hospital at Beltola, while he went there for treatment of his wife and when his brother, namely Bhaskar Kalita, came to rescue him, they had assaulted him also. 4. Mr. Deka, the learned counsel for the accused, submits that the accused is a housekeeper of ESIC Hospital and he was arrested on 21.07.2026 and since then, he has been languishing in jail hazot for last 16 days. He further submits that vide order dated 30.07.2026, in Bail Application No. 2072/2026, this Court had granted bail to the other co-accused and as such, the present accused may also be released on bail. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, has opposed the petition, as investigation is still going on. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record. 7. It appears that the FIR was lodged on 18.07.2026 and the accused was arrested on 21.07.2026 and since then, he has been languishing in jail hazot for last 16 days. 8. In view of the nature of allegation in the FIR and also in view of the length of detention and the punishment prescribed for the offence, further custodial detention of the accused 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 Page No.# 3/3 furnishing a bond of Rs. 10,000/-, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant