Page No.# 1/4 GAHC010070502026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./975/2026 PORAG CHAKRABARTY ALIAS PARAG CHAKRABARTY AND ANR SON OF JAGADISH CHAKRABORTY, RESIDENT OF VILL- NIZ BAHJANI, P.S. NALBARI, DIST. NALBARI, ASSAM 2: HAREKRISHNA MALAKAR SON OF LATE NARAYAN MALAKAR RESIDENT OF PUSHPAKPUR WARD NO. 10 P.S. NALBARI DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 21-04-2026 Heard Mr. A. Chaudhury, learned counsel appearing for the petitioner. Also heard Page No.# 2/4 Mr. Goswami, learned APP for the State. The Case Diary has been called for by the order dated 06.04.2026 and has been received. The petitioners had been arrested in connection with Nalbari P.S. Case No. 465/2026 u/s 189(2)/191(2)/126(2)/109(1)/74/61(2) of the BNS, 2023. Mr. A. Chaudhury, learned counsel, has submitted that all the sections, barring Section 109(1) and 74, levelled against the petitioners are bailable. The learned counsel for the petitioner has drawn the attention of the of this Court to the FIR lodged against the petitioners where allegations have been levelled that the petitioners had attempted to attack a convoy of the Hon’ble the Chief Minister with petrol loaded gallons, lighters and broken glasses bottles etc and when they were stopped by the public, they had outraged the modesty of women who had accosted them. The learned counsel for the petitioner has submitted that the arrest of the petitioner was not in accordance with law, since the arrest memo under Section 36 of the BNSS does not indicate that the arrest was witnessed by any independent witness, although the allegation is that a large number of people had accosted the petitioner and handed them over to the police. Page No.# 3/4 The learned counsel for the petitioner has submitted that no petrol-filled gallons etc has been recovered from the petitioners, although it was alleged that they had been apprehended on the spot, while trying to attack the convoy; only some broken pieces of glass have been seized by the police authority. The learned counsel for the petitioner has submitted that the petitioners are ready to cooperate with the investigation, in the event they are released on bail during the period of investigation. The learned counsel for the petitioner has submitted that the petitioners are the local well-recognized persons of the area and there is no chance of their absconding or avoiding investigation or trial at a later stage if chargesheeted. Opposing the prayer for bail, the learned APP has submitted that not only broken pieces of glass have been seized from the petitioners, but also CCTV footage of the petitioners filling up petrol gallons with petrol from a petrol pump has also been confiscated by the police. He also submits that releasing the petitioners on bail at this stage may hamper or tamper with the investigation. The learned APP has also submitted that there are witnesses incriminating the petitioners on the allegations of their outraging the modesty of women. Having gone through the records and after hearing the learned counsels for the parties, this Court is of the opinion that the arrest of the petitioner was in violation of the requirements of Article 36 of the BNSS and further, the absence of recovery of any Page No.# 4/4 incriminating materials except broken pieces of glass, the petitioners are entitled to the privilege of bail. The investigation in the FIR lodged on 09.03.2026 has also substantially progressed in the meantime. This Court is of the opinion that since the investigation has progressed sufficiently and considering the length of detention, the petitioners namely, Porag Chakrabarty and Harekrishna Malakar shall be released on bail in connection with Nalbari PS Case No. 45/2026, on furnishing a bail bond of Rs. 30,000/- each with two sureties of the like amount to the satisfaction of the learned CJM, Nalbari. It is provided that the petitioners shall cooperate with the investigation and shall not try to influence or threaten any witnesses in the matter. The learned CJM shall be at liberty to impose such other conditions as may be necessary to ensure the participation of the petitioners in the investigation process. Any violation of the terms and conditions of the bail granted may lead to cancellation of the bail. Bail Application stands disposed of. JUDGE Comparing Assistant