Page No.# 1/4 GAHC010054472026 2026:GAU-AS:4169 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./787/2026 SMITH SETHI S/O ABHIRAM SETHI R/O VILL- PLOT NO. 205, SAHYA AVENUE, JAGANNATH NAGAR, ROAD, NO. 1, VIVEKANANDA SCHOOL, LAXMISAGAR, RASULGARH, KHORDA, ODISHA PIN-751010. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MITRA, MR A K BORO,MR S.MITRA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 23.03.2026 Heard Mr S Mitra, learned counsel appearing for the petitioner. Also heard Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This bail application under Section 483 of the BNSS, 2023, has been filed praying for granting of bail to the petitioner, namely, Sri Smith Sethi, who has been in custody since 25.12.2025, in connection with PRC Case No. 18/2026, pending before the learned JMFC, Goalpara, arising out of Goalpara PS Case No. 243/2025. 3. The charge sheet in the matter was submitted on 30.12.2025 and the petitioner having moved the applications before the learned Trial Court, the bail applications were rejected on the sole ground that the petitioner could not produce sufficient proof of residence or a permanent residence in the State of Assam. 4. The learned counsel for the petitioner has submitted that the petitioner is ready to face trial and the only ground that he is not a resident in the State of Assam, need not be construed as an impediment to the grant of bail, since otherwise the petitioner is ready to face the trial. 5. The learned Additional Public Prosecutor has submitted that there is sufficient incriminating material against the petitioner, who has also been charge-sheeted and since the petitioner hails from a different State, it may be difficult to procure his presence during the trial. Therefore, she objects to the grant of bail to the petitioner. 6. I have considered the submissions made by the learned counsel for the contesting parties. I have also perused the scanned copies of the Trial Court Record received. 7. It appears that the petitioner has been accused of impersonating Government officials. Since the charge sheet has been laid, further custodial detention of the petitioner may not be necessary in case he is willing to participate in the trial. This Court is of the opinion that his presence before the learned Trial Court can Page No.# 3/4 be ensured by putting appropriate conditions, while granting him bail. Accordingly, this Court directs that since the petitioner has proclaimed himself to be a resident of a State beyond the jurisdiction of the learned Trial Court, the petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/-, with two sureties of the like amount, at least one of whom shall be a Government Servant, serving either with the State or Central Government and at least one of whom shall have immovable properties in his name, to the satisfaction of the learned jurisdictional Court at Goalpara, under the following conditions:- i) The petitioner shall not leave the territorial jurisdiction of the learned jurisdictional Court at Goalpara, without prior written permission; ii) The petitioner shall not hamper and tamper with the evidence of the case; iii) 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 from disclosing such facts to the Court or to any police officer. iv) The petitioner shall surrender his passport, if any (if not already surrendered) before the learned jurisdictional Court at Goalpara, v) The petitioner shall not try to contact any of the witnesses by any mode including telephone, social media etc. vi) The petitioner shall furnish the present residential address with proof to the learned jurisdictional Court at Goalpara, and shall not change the said residence without prior permission of the learned jurisdictional Court at Goalpara. The learned jurisdictional Court at Goalpara, shall be at liberty to have the same verified in such manner as may be deemed fit. vii) The petitioner shall appear before the investigating authority and/or Page No.# 4/4 learned jurisdictional Court at Goalpara, as and when required to do so; viii) The learned jurisdictional Court at Goalpara, shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation. ix) The petitioner shall not engage in any illegal activity of similar nature in the future. x) The investigating authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 8. The bail petition is disposed of. JUDGE Comparing Assistant