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2026 DAILYLAW 4244 (GAU)

DHANAN CHANDRA NATH v. THE STATE OF ASSAM

Bail Appln./894/2026 · 2026-03-26

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010063902026 2026:GAU-AS:4397 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./894/2026 DHANAN CHANDRA NATH S/O- LAKENDRA CHANDRA NATH,R/O- VILL- TILAPARA NATHPARA,BHOTGAON, P.S DIST.-KOKRAJHAR, BTAD, ASSAM, PIN783370. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 27-03-2026 Heard Mr. P. K. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Dhanan Chandra Nath who has been arrested in connection with Kokrajhar P.S. Case No. 19/2026 registered under Sections 103(2)/189(2) of the BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Das, learned counsel submitted that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that there was scuffle between two groups, when a person was caught with the allegation that he is a cattle thief and many persons gathered there at the place of occurrence, wherein some of the persons assaulted the victim, but the present petitioner had not assaulted the victim. However, it is a fact that he was present at the time of the incident. He further submitted that some of the co- accused persons have already been granted bail and considering the case of the petitioner on the same footing, he may also be granted bail on the ground of parity. 5. The petitioner got arrested in connection with this case on 31.01.2026 and till date he is behind the bar since last 55 days and hence, considering his length of detention, he may be released on bail and he will appear before the I.O. as and when his cooperation will be required. Page No.# 3/4 6. Mr. Borthakur, learned APP submitted in this regard that though specific allegation has not been brought against the present petitioner by the witnesses, but it is a fact that many persons gathered at the place of occurrence and the present petitioner is also involved in the alleged offence. He accordingly submitted that it is not at all a fit case to release the petitioner on bail. 7. Hearing the submissions made by the learned counsel for the parties and also considering the materials in the case diary, progress of the investigation vis-à-vis the length of detention already undergone by the petitioner, I find that further custodial interrogation of the petitioner may not be required for the purpose of investigation of the case and accordingly, I find it a fit case to release the petitioner on bail. 8. Accordingly, the accused/petitioner, namely, Dhanan Chandra Nath, be released on bail in connection with Kokrajhar P.S. Case No. 19/2026 registered under Sections 103(2)/189(2) of the BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. Page No.# 4/4 9. With the above observation and direction, this bail application stands disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant