Page No.# 1/4 GAHC010052252026 2026:GAU-AS:3827 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./745/2026 SRI DIGANTA HALOI S/O LATE NARAYAN HALOI, A RESIDENT OF - VILLAGE - UTTAR BARSIRAL, P.O - DHAMDHAMA, P.S- BARAMA, DISTRICT - BARAMA, ASSAM, PIN - 781349 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR N KALITA, MRS A CHOWDHURY,R SAHIINII Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-03-2026 Heard Mr. N. Kalita, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/4 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 27.02.2026 in connection with Dispur P.S. Case No. 114/2026 u/s 126(2)/109/118(1)/309(4)/3(5) of BNS Act. 3. It is submitted by Mr. Kalita, the learned counsel for the petitioner that the present accused/petitioner is innocent and is no way connected in the alleged offence. It is a fact that in the place of occurrence he was present along with his master as he was driving his car. That apart there is no such involvement of the present petitioner. However, the present petitioner is in custody since 27.02.2026 and hence the I/O got sufficient opportunity to interrogate him keeping him in custody. Further, he submitted that three of the accused/persons have already been enlarged on bail. While disposing bail petition of one Vedic Modi in Bail Application No. 635/2026, it has been observed in the para no. 7 that there was no such injury except some laceration in his head and no firearm also recovered at the time of incident. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of this case, if he is granted with the privilege of bail. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that from the order passed by the Hon’ble Coordinate Bench of this Court, vis-à-vis from the FIR and from the Forwarding Report it reveals that the incident had happened and the informant also sustained injury on his head. More so, they also saw a firearm at the time of snatching the chain. Mr. Borthakur accordingly insisted to call for the Case Diary. 5. Considering all the circumstances of the case, the observations made by Hon’ble Coordinate Bench of this Court, especially the para 7, which reads as under:- Page No.# 3/4 “The learned Additional Public Prosecutor submits that no firearm as such was recovered and the alleged weapon of assault was some kind of a cigarette lighter shaped like a pistol. The medial report is available which indicates injuries in the nature of laceration.” So considering the nature of injury sustained by the accused/petitioner, vis- à-vis the period of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for the purpose of investigation and that apart also considering the case of the present petitioner in the same footing along with the other accused/persons, this Court is of the opinion that privilege of bail may be granted to the present petitioner. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Diganta Haloi, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant