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2026 DAILYLAW 420 (GAU)

DEEP SARKAR v. THE STATE OF ASSAM

Bail Appln./941/2026 · 2026-04-07

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010067642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./941/2026 DEEP SARKAR SON OF MANORANJAN SARKAR RESIDENT OF HOUSE NO.14, BISHNUPUR BIMALA NAGAR, P.S. BHARALUMUKH, GUWAHATI, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08-04-2026 Heard Mr. A. Choudhury, counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P appearing for the State. The accused/petitioner, namely Deep Sarkar is invoking section 483 of Page No.# 2/3 BNSS, 2023 praying for granting of regular bail in connection with Bharalumukh P.S Case No. 23/2026 u/s 189(2)/296/118(2) of BNS. The petitioner was arrested on 06.03.2026. The allegation in the FIR dated 04.03.2023 is that on 04.03.2026, at around 05:00 PM, after she parked her scooty near Fatasil Kahilipara Road, a group of persons approached her and began verbally abusing her husband over the parking of the vehicle; despite her husbands’ attempts to pacify the situation, they became aggressive and assaulted him with fists, kicks, and a sharp weapon, and also threatened him with dire consequences, as a result of which he sustained injuries and is admitted in Nerncare Hospital. The Case Diary called for has been received. The medical report indicates grievous injuries in the nature of fracture near orbital floor and near nasal bone. The learned Addl. P.P submits that eye witnesses have stated about the assault. Though, the witnesses have also stated about assault with sharp weapons but the I.O has stated that so far the sharp weapon has not yet been recovered. From the nature of the injuries, it appears that assault was by a blunt weapon. I have seen the progress of investigation. The Medical report has been collected and statements of several witnesses have been examined. Despite the incriminating materials considering the length of detention and the progress of investigation, the accused/petitioner is allowed to bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the concerned Court of the learned CJM Kamrup (M) and subject to the condition that he shall co-operate with remaining investigation; he shall not hamper or tamper with evidence and he shall not misuse his liberty to commit any offence or illegal activities; he shall Page No.# 3/3 not in any manner cause any harm or harassment to the informant/victim. Violation of the any conditions entails cancellation of bail. Bail application stands disposed of. Return back the CD. JUDGE Comparing Assistant