Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010042452026
2026:GAU-AS:3895
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./633/2026 PRAKASH CH NATH SON OF LATE DIBYA LOCHAN NATH, RESIDENT OF VILLAGE- TILAPARA, BHOTGAON, P.S. AND DIST- KOKRAJHAR BTR, ASSAM, PIN-783370. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H K NATH, A J KASHYAP Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R
Date : 18.03.2026. Heard Mr. H.K. Nath, learned counsel for the accused petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Prakash Ch. Nath who has been arrested on 31.01.2026, in connection with the Kokrajhar P.S. Case No. 19/2026, under
Page No.# 2/3 Sections 103(2)/189(2) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Nath, the learned counsel for the accused petitioner is innocent and no way connected with the offence as alleged in the FIR. However, it is a fact that hearing the hue and cry, he visited to the place of occurrence at about 4:00 A.M. and saw some persons assaulting the victim. But he has no involvement in the alleged offence. However the accused petitioner got arrested in connection with the case on 31.01.2026 and till date, he is behind the bar for last 46 days and considering his length of detention also he may be released on bail. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that from the submission made by the witnesses, his presence in the place of occurrence is not disputed and some of the witnesses also uttered the name of the accused petitioner while assaulting the deceased victim. However, some other statements also made by the family members of the informant, without any relevancy in the present case. Hearing the submissions made by the learned counsels for both sides, without going detail into the merit of the case and the length of detention of 46 days, I find that further custodial detention may not be required for the purpose of investigation. Accordingly, it is provided that on furnishing a bond of Rs.
50,000/- (Rupees fifty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Kokrajhar, the accused petitioner, namely, Prakash Ch. Nath, will
Page No.# 3/3 be enlarged on bail, subject to the following conditions: (i) 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 from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kokrajhar, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the CJM, Kokrajhar. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant