Page No.# 1/4 GAHC010029622026 2026:GAU-AS:2717 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./451/2026 BIJOY BORDOLOI SON OF LATE MANIK CHANDRA BORDOLOI, RESIDENT OF 19, HASTINAPUR, 9TH MILE, AMERIGOG N.C., POLICE STATION BASISTHA, DISTRICT KAMRUP METROPOLITAN, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A TALUKDAR, MR. B J TALUKDAR,MR. DITUL DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 23.02.2026 1. Heard Mr. D. Das, learned counsel for the accused applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for granting bail to the accused applicant, who was arrested on16.12.2025, in connection with Basistha Police Station Case No. 598/2025 under Sections 189(2)/117(2)/109/351(2)(3) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 15.12.2025, by one Md. Shah Nawaz, alleging that on 14.12.2025 at about 11:00PM, when the informant along with six (6) other persons were returning back from Jowai Via to Guwahati, the main accused , whose name was not mentioned in the FIR, allegedly riding a Scooty bearing registration no. AS-08A-7962 allegedly hit the Scorpio driven by the informant from the left side and thereafter, the main accused instead of apologizing to the informant and others, allegedly called his gang members by making a phone call and subsequently around fifteen (15) other peoples along with the main accused allegedly assaulted the informant and others using deadly weapons causing injuries on them. Page No.# 3/4 4. On receipt of the FIR, a case being Basistha Police Station Case No. 598/2025 was registered under Section 189(2)/117(2)/109/351(2)(3) of the Bharatiya Nyaya Sanhita, 2023. 5. The learned counsel for the accused applicant submits that admittedly there was an accident and due to the accident the confrontation took place between the informant and the accused persons including the accused applicant. He submits that the accused applicant was not the person who attacked or assaulted any of the persons travelling in the vehicle. The persons travelling in the vehicle started assaulting him which compelled him to call his brother for rescue. 6. He submits that since the accused applicant has already spent more than 70 days behind bars, further custodial detention of the accused applicant may not be necessary at this stage. 7. On the other hand, the learned Additional Public Prosecutor for the State of Assam submits that there are materials in the case diary which suggest the involvement of the accused applicant in the assault of the informant. Therefore, at this stage, the accused applicant should not be granted bail. 8. This Court has heard the submissions made by the respective counsel appearing for the parties and has gone through the materials placed before it in the case diary. Page No.# 4/4 9. Considering the whole facts of the case and taking into account that the accused applicant has already spent 70 days behind the bars, this Court is of the considered opinion that at this stage, the accused applicant should be granted bail. Accordingly, it is directed that the accused applicant be released on bail on furnishing of bail bond of Rs. 30,000/- with a surety of like amount to satisfaction of CJM, Kamrup (M) subject to the condition that the accused applicant shall co-operate with the investigation and shall not try to influence any of the witnesses involved in the instant case. 10. In view of the aforesaid direction, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant