Page No.# 1/3 GAHC010032472026 2026:GAU-AS:2408 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./485/2026 SAMUDRA KASHYAP SAIKIA S/O KHAGENDRA NATH SAIKIA, R/O H. NO 14, BRAHMAPUTRA PATH, OPP. LUITPUR PANIJOGAN AASONI, LUITPUR CHUBURI, P.S. CHANDMARI, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-02-2026 Heard Mr. H. Ali, learned counsel for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused applicant, who was arrested on 13.02.2026, in connection with Dispur P.S. Case No. 82/2026 under Sections 105/125(b)/281 of Page No.# 2/3 the BNS, 2023. 3. The prosecution case is, inter alia, that one Pranjit Kalita lodged an FIR before the In-Charge of Dispur Police Station, Traffic Branch, alleging that on 12.02.2026 at about 6:30 PM, while his father, Ganesh Kalita, was attempting to cross the road at Sundarpur, near Baruah Service Center, a motorcycle bearing Registration No. AS-01-GB-6700, coming from the Ganeshguri side, driven in a rash and negligent manner and at high speed, hit his father. As a result of the said accident, his father sustained grievous injuries and lost consciousness on the spot. Thereafter, with the help of local people and the rider of the motorcycle, he was immediately shifted to Dispur Polyclinic Hospital for medical treatment, where the attending doctor declared him dead. 4. Upon receipt of the FIR, Dispur P.S. Case No. 82/2026 was registered under the aforementioned sections. 5. Learned counsel for the accused applicant submitted that the accused was involved in the accident but had no intention of causing any harm. He further submitted that the accused was arrested on 13.02.2026 and has been in police custody since then. He contended that although the case was registered under Section 105 of the BNS, a perusal of the FIR reveals that there is no element constituting an offence under Section 105 of the BNS. In fact, he argued, the case should have been registered under Section 106 of the BNS, which is a bailable offence. In view of the aforesaid, he prayed that the accused applicant be granted bail at this stage. 6. Mr. Parasar, learned Additional Public Prosecutor for the State, submitted that the Case Diary should be called for before considering the bail application. 7. After considering the submissions of the learned counsel for the respective Page No.# 3/3 parties and upon perusal of the FIR, this Court is of the view that, since the accused applicant has been in custody for the last couple of days, he should be granted bail at this stage. Accordingly, it is directed that the accused applicant shall be released on bail forthwith upon furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Assam, subject to the following conditions: i. that the accused applicant shall cooperate with the investigation; ii. that the accused applicant shall appear before the investigating authority as and when required; iii. that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person, who may be acquainted with the facts of the case, so as to dissuade such person from disposing such facts before the investigating authority against the accused applicant; 8. In view of the aforesaid directions, the instant bail application stands disposed of as allowed. JUDGE Comparing Assistant