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2026 DAILYLAW 3690 (GAU)

TUTUMONI KUMAR v. THE STATE OF ASSAM

Bail Appln./933/2026 · 2026-04-06

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010067292026 2026:GAU-AS:5165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./933/2026 TUTUMONI KUMAR SON OF LATE KHAGEN CHANDRA KUMAR, RESIDENT OF H/NO. 87, NEAR ULUBARI NURSERY,P.S.PALTAN BAZAR, DIST.KAMRUP (METRO), ASSAM, PIN-781007 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T N DAS, MS JUTISMITA DAS,MR KRISHNANGSHU B Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07-04-2026 Heard Ms. J. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State. The accused/petitioner, namely Tutumoni Kumar is invoking section 483 of BNSS, 2023 praying for granting of regular bail in connection with Paltan Bazar Page No.# 2/3 P.S Case No. 63/2026 u/s 109(1)/117(2)/324(2) of BNS, 2023. The petitioner was arrested on 08.03.2026. The FIR dated 21.02.2026 was lodged by the informant wherein he alleged that when he went to open his shop on that day in the morning, the petitioner assaulted him with a rod on his head, for which he sustained injuries. In the FIR, it is also stated by the informant that when the petitioner started threatening him, he telephoned his sister and his sister, along with her mother came to the place of occurrence. The CD has been received. The medical report is available and indicates head injuries and the patient has been referred for neurosurgery opinion. The medical report lends support to the allegation about assault. Drawing attention to paragraph-7 of the bail petition, the learned counsel submits that at the time of the incident, repairing installation of CCTV, the informant provoked the petitioner by calling him a thief. It is also submitted that he is undergoing treatment under Doctor for Mental Health issues and the relevant prescription has been annexed therewith. Though, the materials including medical report lends support to the allegation; however, considering the length of detention and the medical aspect of the accused/petitioner, I am of considered view that he can be granted bail in this case subject to the conditions. Accordingly, he shall be released on furnishing a bail bond of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) subject to the conditions that he shall appear before the learned Court below as and when required; he shall be available for trial if once commences; he shall co-operate Page No.# 3/3 with the remaining investigation and he shall not in any manner try to influence witnesses or try to harm or harass the informant/victim side. Violation or breach of any conditions shall entail cancellation of bail. The bail petition stands disposed of. JUDGE Comparing Assistant