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2026 DAILYLAW 1432 (GAU)

DIPJYOTI DAS AND ANR v. STATE OF ASSAM

Bail Appln./4159/2025 · 2026-01-20

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010289342025 2026:GAU-AS:691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4159/2025 DIPJYOTI DAS AND ANR S/O RATNESWAR DAS, R/O SARPARA, P.S. PALASHBARI, DIST.- KAMRUP, STATE ASSAM. 2: KUSHALIN SHARMA SO LT. SANJOY KR. SARMA R/O BONGAIGAON W/NO.-2 T.R. PHUKAN ROAD P.S.- BONGAIGAON DIST- BONGAIGAON ASSAM STATE- ASSA VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A CHAMUAH, MS A.DAS,MS P.HAZARIKA,MS T GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.01.2026 Heard Mr. D. Medhi, learned counsel for the petitioners. Also heard Mr. K.K. Page No.# 2/3 das, learned Addl. P.P for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, 1. Dipjyoti Das, 2. Kushalin Sarma, have prayed for bail in connection with Azara P.S. case No. 179/2025 under Sections 61(2)/ 319(2)/ 318(3)/ 318(4) 336(3) 337/ 340(2) /341(2) /341(3)/341(4)/308(5)of BNS, 2023. 3. Case diary is received. Perused the case diary. 4. It is submitted by Mr. Medhi that the petitioners got arrested in connection with this case on 23.11.2025 and till date they are in custody for 59 days. Their earlier bail application was rejected on 15.12.2025, their present bail application may be considered only the length of detention they have already undergone. 5. The petitioners are a permanent resident of their address locality and will abide by all terms and conditions if they are allowed to go on bail. 6. Mr. Das, learned Addl. P.. submitted in this regard that there are sufficient incriminating materials against the present petitioners, however, he submitted that the investigation is still going on and the possibility of charge-sheet within one/two days may not be possible for Investigating Officer. 7. Considering the submissions made by learned counsel for the petitioners, without going detail into the merit of the case, only considering the length of detention undergone by the accused-petitioners, the present petitioners are hereby allowed to go on bail of Rs.50,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court(CJM, Kamrup(M). 8. The direction for bail is further subject to the following conditions: Page No.# 3/3 (a) That the petitioners shall be available for trial if one commences; and (b) That the petitioners shall not hamper or tamper with evidence. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. 10. Return back the case diary. JUDGE Comparing Assistant