Page No.# 1/6 GAHC010150962026 2026:GAU-AS:12734 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2060/2026 PRABHAT DAS ALIAS PRAVAT CH DAS S/O LATE KAMALA DAS, R/O VILL BOGORIGURI, PS JAJORI, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,A MISHRA,MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 03.09.2026. Heard Mr. S. Nawaz, learned counsel for the accused petitioner. Also heard Ms. S.H. Bora, the learned Addl. P.P., Assam appearing on behalf of the State respondent. This is second regular bail application under Section 483 of BNSS, 2023 praying Page No.# 2/6 for grant of bail to the accused petitioner, namely, Prabhat Das @ Pravat Ch. Das who is in jail since 24.01.2026, in connection with Sessions (T-1) Case No.13(N)/2026 (corresponding with the Jajori P.S. Case No. 58/2024), under Sections 103(1) of the BNS, 2023, pending in the Court of learned Addl. Sessions Judge No.1, Nagaon. The scanned TCR along with case diary has already been received and perused the same. It is submitted by Mr. Nawaz, the learned counsel for the petitioner that the earlier bail petition was rejected by this Court after perusal of the TCR. In the said bail petition, it was submitted by Mr. B. Sarma, the learned Addl. P.P., Assam that there are two vital witnesses to the prosecution case, namely, Dulumoni Das and Kanaklata Das before whom the victim reported about the assault made upon her by her husband in the morning hours. That apart, there were no other eye witnesses or vital witnesses of the prosecution. It was also submitted by the learned Addl. P.P., Assam that the bail prayer of the accused petitioner may be considered after examination of these two vital witnesses, as probability of hampering with the evidence of these vital witnesses cannot be denied. Mr. Nawaz, the learned counsel for the petitioner further submitted that considering the submissions made by Mr. Sarma, the learned Addl. P.P., Assam and on perusal of the TCR, the order was passed accordingly directing the learned Trial Court below to examine these two vital witnesses along with the Medical Officer out of 19 cited prosecution witnesses. In view of this, the learned Trial Court below already examined the two vital witnesses of the prosecution i.e. the PW.1 and PW.2 and also examined the Page No.# 3/6 Medical Officer as well as the informant of the case. Thus, out of 19 cited prosecution witnesses, four have already been examined by the prosecution including the informant and the Medical Officer and two vital witnesses. Mr. Nawaz further submitted that there are 15 more witnesses to be examined by the prosecution which will take considerable period for completion of the trial and hence, considering his period of incarceration of 223 days, the prayer for bail of the accused petitioner may be considered. However, the accused petitioner being the permanent resident of the addressed locality will appear regularly before the learned Trial Court on each and every date, to be fixed by it. Ms. Bora, the learned Addl. P.P., Assam raised vehement objection and submitted in this regard that the bail may not be considered at this stage. She further submitted that from the evidence of the PW.1 and PW.2, it is seen that the accused appellant kicked the victim in the morning hours and she reported about the same before these two witnesses and on that very day, the victim was shifted to hospital, where she died. The learned Addl. P.P., Assam further submitted that from the medical evidence of the Doctor also it is seen that the death of the victim is due to hemorrhage and shock, as a result of injuries sustained in the pelvic region as described. However, the victim was also tested positive for alcohol. From the medical report as well as the examination of the Doctor, it is seen that the peritoneum region was full of large clots of blood and massive bleeding was present in the abdominal cavity which is the main cause of death of the victim. Thus the oral evidence is completely supported by the medical evidence and the death occurred only due to the injuries sustained by the victim on the same day Page No.# 4/6 in the morning hours. Ms. Bora, the learned Addl. P.P., Assam further submitted that the evidence of both the PW.1 and PW.2 are seems to be consistent to that effect which completely corroborates the medical evidence of PW.3. Ms. Bora accordingly raised vehement objection and submitted that the other vital witnesses including the I.O. is yet to be examined by the prosecution and hence, present bail petition may not be considered at this stage. In that context, Mr. Nawaz, the learned counsel for the petitioner submitted that in the earlier round, it was submitted by the learned Addl. P.P., Assam that two vital witnesses are to be examined, as probability of tampering with those witnesses is there and the bail may be considered after examination of those two vital witnesses. At present, apart from those two vital witnesses, two other witnesses i.e. the Medical Officer as well as the informant of the case is also examined by the prosecution and considering all these aspects of the case, bail may be considered. Hearing the submissions made by learned counsel for both sides, I have also perused the scanned copy of the TCR and the evidence adduced by the PW.1 and PW.2, the vital witnesses of the prosecution vis-à-vis the evidence of the Medical Officer/Doctor. It is an admitted position that there is no eye witness to the prosecution case and PW.1 and PW.2 are two vital witnesses, with whom the victim reported about the assault made on her. In the earlier bail rejection order also it was directed to the learned Trial Court below for examination of those two vital Page No.# 5/6 witnesses for consideration of the bail prayer and accordingly, it is also seen that as per the direction of this Court, the learned Trial Court below had already examined these two vital witnesses along with two other witnesses. In the same time, it is also cannot be denied that the prosecution will take considerable time for examination of other 15 cited prosecution witnesses who are yet to be examined. Considering all these aspects, this Court is of the opinion that further custodial detention of the petitioner may not be required and hence, I find it a fit case to extend the privilege of bail to the petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount, to the satisfaction of the learned Addl. Sessions Judge No.1, Nagaon, the accused/petitioner, namely, Prabhat Das @ Pravat Ch. Das shall be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the Court of learned Addl. Sessions Judge No.1, Nagaon, on each and every date to be fixed by the Court; (ii) that the petitioner 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 him/her from disclosing such facts to the Court or to any police officer; Page No.# 6/6 (iii) that the petitioner shall submit their Aadhar Card and PAN Card before the learned Addl. Sessions Judge No.1, Nagaon; and (iv) that the petitioner shall not leave the jurisdiction of the learned Addl. Sessions Judge No.1, Nagaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant