Page No.# 1/4 GAHC010037102026 2026:GAU-AS:2786 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./545/2026 SRI SIMANTA DAS AND ORS S/O- SRI GATHIRAM DAS. R/O- SONARIBARI GAON, P.O.- KAMALABARI, P.S.- MAJULI, DIST.- MAJULI, ASSAM. 2: SRI PABAN DAS S/O- SRI GATHIRAM DAS. R/O- SONARIBARI GAON P.O.- KAMALABARI P.S.- MAJULI DIST.- MAJULI ASSAM. 3: SRI MONTU DAS S/O- SRI GATHIRAM DAS. R/O- SONARIBARI GAON P.O.- KAMALABARI P.S.- MAJULI DIST.- MAJULI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P J SAIKIA, M. PATIRI,B SHARMA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-02-2026 Heard Mr. P.J. Saikia, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Addl. PP appearing on behalf of State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 27.10.2025, 30.10.2025 & 22.01.2026 in connection with Majuli P.S. Case No. 25/2025 u/s 191(3)/329(4)/117(2)/118(2)/109(1) of BNS Act corresponding to Sessions Case No. 03/2026 pending before the Sessions Judge, Majuli. 3. It is submitted by Mr. Saikia, the learned counsel for the petitioners that the petitioners are brothers and the father of the petitioners in the earlier point of time had lodged an FIR against the informant and some others. But, the FIR was not registered earlier and subsequently it also being registered and in the same case some of the petitioners side also sustained grievous injury on their person. But, case was charge-sheeted u/s 191(3)/ 117(2)/329(3) of BNS Act and the learned CJM, Majuli also granted bail to the accused/persons in the said case vide its order dated 16.01.2026. However, both the cases are now before the learned Sessions Judge as arising out of same cause of action. 4. Mr. Saikia further submitted that the accused/petitioners nos. 1, 2 & 3 are behind the bars since 27.10.2025, 30.10.2025 & 22.01.2026 respectively. Case has already been charge-sheeted. Some of the evidence of the PWs are already being recorded by the learned Sessions Judge. However the bail application for the petitioners were rejected by the learned Sessions Judge vide order dated 05.02.2026 only with the consideration that one of the vital witnesses is yet to Page No.# 3/4 be examined by the prosecution. All the accused/petitioners are behind the bars since month of October and hence considering their length of detention, they may be released on bail. In the same time they will also face their trial appearing before the learned Sessions Judge on each and every date to be fixed by the Court. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the nature of offence is very serious and considering this nature of offence as well as also considering the fact that one of the vital witnesses, who is also a handicapped girl is yet to be examined by the prosecution and is also a victim and a vital witness of the prosecution case and also considering the nature of offence and the stage wherein the probability of hampering or tampering with the remaining witnesses cannot be denied, Mr. Borthakur accordingly raised objection. 6. Considering the submissions made by learned counsel for both sides, all other aspects of the case and also considering the length of detention already undergone by the accused/petitioners, this Court is of the opinion that further custodial detention may not be required for the trial. In view of this, all the petitioners are hereby allowed to go on bail. 7. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Sessions Judge, Majuli. The accused/petitioners, namely, [1] Sri Simanta Das [2] Sri Paban Das and [3] Sri Montu Das, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; Page No.# 4/4 (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned Sessions Judge, Majuli without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant