Page No.# 1/4 GAHC010091682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1219/2026 BINAY ALIAS BINOY KALITA S/O LATE SUNANDA KALITA R/O HOUSE NO. 9, SENMELA, LOKHRA SAWKUCHI, P.S. GORCHUCK, DIST. KAMRUP (M), ASSAM, PIN-781040 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR H AGARWAL,MR P DOLEY,MRS J M KONWAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18/05/2026 Heard Mr. B D Konwar, learned Senior counsel assisted by Mr. P Doley, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Binay @ Binoy Kalita, seeking bail in Jalukbari P.S. Case No. 164/2026 under Sections 121(2)/132/324(4) of BNS, 2023. The petitioner is behind the bars since 10.05.2026. 3. Case diary is received. Perused the same. 4. It is submitted by Mr. Konwar, learned Senior counsel for the petitioner that it is a fact that there was an altercation and scuffle took place while the petitioner as a video journalist was taking some videos and photographs of a home guard, but apart from that altercation and scuffle, no other incident had taken place as alleged in the FIR. He is a journalist, who is presently working under Pratibimba Live. However, the accused petitioner got arrested in connection with this case on 10.05.2026 and thus, the Investigating Officer got sufficient opportunity to interrogate him, keeping him in custody. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam, submitted in this regard that the case diary is received, but the injury report is not available. However, on telephonic communication with the Investigating Officer, he reported that the injury is of simple in nature. However, Mr. Sarma, submitted Page No.# 3/4 that another case was also lodged against the present petitioner for the similar kind of offence. 6. In that context, Mr. Konwar, learned Senior counsel for the petitioner submitted that in the said case, he has already obtained anticipatory bail and the accused in the cross case lodged by him is already in custody for 3 (three) months. 7. Considering the submissions made by the learned counsel for both sides, I have also perused the case diary. 8. Considering the materials available in the case diary vis-à-vis the report received from the Investigating Officer regarding the injury, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation. Accordingly, this Court finds it to be a fit case to extend the privilege of bail to the present accused petitioner. 9. Accordingly, the accused petitioner, Sri Binay @ Binoy Kalita, be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The accused petitioner, named above, 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, threat or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Page No.# 4/4 Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M), Guwahati, without prior permission. 10. With the above observations and direction, the bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant