Page No.# 1/2 GAHC010085932026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1144/2026 MD SHAMIM AHMED SON OF SAIFUDDIN AHMED RESIDENT OF WARD NO. 18 BIDYA NAGAR, P.S. GOALPARA, DIST. GOALPARA. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A M BORA, S. M. ZINNA,R AMIN,S K RAHMATULLAH,MR. D K BAIDYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.05.2025 Heard the learned Sr. Counsel Mr. A M Bora assisted by Mr. D K Baidya, appearing for the petitioner as well as Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Md. Page No.# 2/2 Shamim Ahmed has prayed for releasing him on bail, after he was arrested in connection with Noonmati P.S. Case No.66/2026. 3. On 26.04.2026, at about 4 A.M., the petitioner was driving a car bearing registration number AS-01-GP-0562. There were three girls, in their twenties, in the car. The car driven by the petitioner was hit by a stationery truck, as a result of which, the petitioner being a driver, somehow survived. Police registered the case u/s 105 of the BNS, 2023. This is only the non- bailable offence alleged against the present petitioner. 4. Mr. Bora has submitted that it was a pure accident and there was no criminal intention on the part of the petitioner. 5. I have considered the submissions made by the learned counsels of both sides. 6. In the said incident, the petitioner being the driver, somehow miraculously survived. 7. This Court is of the opinion that applicability of Section 105 of the BNS, 2023 in the said case is doubtful. 8. Therefore, the petitioner does not deserve to be detained in custody for any further period of time. 9. Accordingly, the bail application of the petitioner is allowed. 10. It is hereby directed that the petitioner, Md. Shamim Ahmed, who was arrested in connection with Noonmati P.S. Case No.66/2026, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. The bail application stands disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant