Page No.# 1/3 GAHC010031462026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/344/2026 ADITYA JAISWAL S/O AJAY JAISWAL R/O HOUSE NO. 22, A.K. AZAD ROAD, ARYA NAGAR, P.S. BHARALUMUKH, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,MR A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, MR. I K BURAGOHAIN(INFORMANT),MR. C CHAKRAVARTY(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 31.03.2026 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned APP for the State and Mr. D. Das, learned Senior Counsel assisted by Mr. R. Hazarika, learned counsel for the informant. Page No.# 2/3 The petitioner was granted interim bail on 18.02.2026. This is an application under Section 482 of the Bharatiya Nagarik Surakha Sanhita, 2023 for granting pre arrest bail to the accused applicant in connection with Basistha P.S. Case No. 591/2025 under Section 3(5)/115(2)/117(2)/109 of the BNS. An FIR was lodged on 09.12.2025 by the informant alleging that on 08.02.2025, the informant's son along with his cousin and other friends attended a music concert at Khanapara and after the concert, a group of about 8 boys without any provocation, attacked his son, whereby, severely injured him. It was alleged that he had to be taken to the Apollo Hospital after the incident and thereafter, he was referred to the Neuro Intensive Care Unit (NICU) due to his serious head injuries. On receipt of the FIR, the police registered Baistha PS Case No. 591/2025 under the aforementioned Sections. The learned counsel for the petitioner submits that as per his instructions the petitioner might have been present at the place of occurrence but he has not participated in any assault upon the victim. It is submitted that investigation must have progressed in the meantime and as he has not violated any bail conditions, his custodial detention at this stage may not serve any purpose. It is also submitted that his role may be verified from the CCTV footage. On the other hand, the learned APP submits that case diary has been received and upon perusing the same, it is found that investigation has revealed implicating materials against the petitioner as being directly involved in the Page No.# 3/3 assault. It is submitted that it is revealed from the statements of the victim himself that he was assaulted by the present petitioner. It is submitted that the victim suffered grievous injuries and was admitted in ICU in critical condition. The learned Senior Counsel representing the informant has submitted the discharge summary of the victim from Apollo Hospital, Guwahati, where he is stated to have been admitted on 08.12.2025 and discharged on 10.12.2025. His diagnosis is mentioned as traumatic brain injury, frontal bone depressed fracture extending up to the frontal sinus. I have perused the statement of the victim available in the case diary. He has implicated the present petitioner as well as the other co-accused. Other co-accused has been granted bail, rejected and granted bail later on. I have given my consideration to the entire matter. Anticipatory bail stands on a different footing from regular bail. Investigation is in progress. Materials prime facie revealed the serious nature of the assault, leading to grievous injuries on a vital body part (head). In the given facts and circumstances, the interim bail is vacated and the instant bail petition stands rejected at this stage. Return back the case diary. JUDGE Comparing Assistant