Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 5472 (GAU)

BHASKAR SAIKIA v. THE STATE OF ASSAM

Bail Appln./1132/2026 · 2026-05-03

Mitali Thakuria

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010082812026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1132/2026 BHASKAR SAIKIA S/O SRI BABUL SAIKIA R/O NAMTI CHARIALI, KHONIKOR P.S. NAMTI, PARBATIA, SIVASAGAR, ASSAM, PIN-785684 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R DE, MS. D PATHAK,MS M KAKOTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 04-05-2026 Heard Mr. R De, the learned counsel for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 03.04.2026 in connection with Dispur P.S. Case No. 99/2026 u/s 316(2)/318(4) of BNS, 2023. 3. It is submitted by Mr. De, the learned counsel for the petitioner that the accused/petitioner is no way connected in the alleged offence nor he is an FIR named accused. However, it is a fact that he helped his friend, the prime accused of this case by transferring Rs. 30,000/- in his account and that apart there is no involvement of the present petitioner. But, after the arrest he was also under police custody for two days and since 32 days the accused/petitioner is in custody. Hence considering his length of detention and also considering the fact that the present petitioner is no way involved in the alleged offence, his prayer may be considered at this stage. However, he will extend his cooperation in further investigation of this case, if it is required. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there is no specific mention about his involvement in the FIR. But, from the Forwarding Report it is seen that he is also involved in the alleged offence and accordingly he insisted to call for the Case Diary. 5. Hearing the submission made by learned counsels for both sides and considering all materials and aspects of this case, this Court is of the opinion that further custodial interrogation may not be required for the interest of investigation. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to Page No.# 3/3 the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Sri Bhaskar Saikia, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant