Page No.# 1/3 GAHC010021122026 2026:GAU-AS:2901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./337/2026 BHAJAN DAS S/O LATE KARTIK DAS RESIDENT OF VILL- HARIDUWA BHERBHERI, P.S. NAGARBERA, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N HAQUE, MR. A K AZAD,S AHMED,MD B HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 25.02.2026. Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Sri Bhajan Das, who has been arrested on 09.04.2024, in connection with Sessions Case No.144/2025 (corresponding to Page No.# 2/3 Nagarbera P.S. Case No.46/2025), under Section 302 of the IPC, pending in the Court of learned Sessions Judge, Kamrup at Amingaon. The scanned copy of the Trial Court record along with the case diary is received and perused the same. It is submitted by Mr. Azad, learned counsel that the present accused petitioner is in custody since 09.04.2024 and till date, he is more than 1 year 10 months in the custody and that apart, out of 16 cited witnesses, the prosecution has already examined seven witnesses including the vital/eye witnesses. The accused/petitioner is a local person and hence, there is no chance of absconding, rather the petitioner will appear before the learned Trial Court on each and every date to be fixed by the Court. The learned counsel further submitted that some of the witnesses have not seen the occurrence and they also cannot be considered as vital witnesses to the prosecution case. Further, the petitioner is ready to abide by all terms and conditions, if he is released on bail. Mr. Lahkar, learned Addl. P.P., Assam submitted in this regard that this is a very serious nature of offence wherein the allegation against the accused petitioner is that he killed his wife and daughter by inflicting injury with a dao. Further, the learned Addl. P.P., Assam submitted that the own daughter of the accused petitioner and some eye witnesses have fully implicated the present accused petitioner with the offence and also described as to how the incident had happened. He further submitted that the case is very serious in nature and there is probability of hampering or tempering with the evidence of other witnesses who are yet to be examined by the prosecution. That apart, the Page No.# 3/3 probability of absconding of the accused petitioner also cannot be denied at this stage, as there are sufficient materials against the present accused petitioner which may be ended with conviction. Mr. Lahkar accordingly raised vehement objection and submitted that till the recording of some vital witnesses, he may not be released on bail at this stage. At the same it is also submitted that the length of detention cannot be the sole ground for considering the bail application wherein the offence is serious in nature. That apart, it is the allegation that he killed his own wife and daughter. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and some of the evidence recorded by the prosecution. It is a fact that some of the eye witnesses, specially the daughter of the accused deposed, wherein she described the entire incident and some of the vital witnesses are yet to be examined by the prosecution. Considering this aspect of the matter and serious nature of the case vis-à-vis the probability of absconding of the accused petitioner, I do not find it to be justified to allow the petitioner to go on bail at this stage and accordingly, the bail petition stands rejected. JUDGE Comparing Assistant