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2026 DAILYLAW 6308 (GAU)

DIPRAJ DEBNATH v. THE STATE OF ASSAM

Bail Appln./1113/2026 · 2026-05-12

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010081202026 2026:GAU-AS:6589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1113/2026 DIPRAJ DEBNATH S/O JYOTISH DEBNATH R/O KHUSHIGAON, P.O. TANGLA P.S. TANGLA, DIST. UDALGURI, ASSAM, MOB. 8472817434 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 13/05/2026 Heard Mr. A K Ahmed, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Dipraj Debnath, seeking bail in Goreswar P.S. Case No. 20/2026 under Sections 189(2)/331(3)/324(2)/326(g)/325/296/351(2) of BNS, 2023. The petitioner is behind the bars since 12.04.2026. 3. Case diary is received. Perused the same. 4. It is submitted by Mr. Ahmed, learned counsel for the petitioner that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that he was present at that time and considering his presence in that locality, he was also arrested along with four other co-accused persons. He is in custody since 12.04.2026 and thus, the Investigating Officer got sufficient time to interrogate him, keeping him in custody. 5. Mr. Ahmed, learned counsel for the petitioner further submitted that two of the co-accused persons from the same forwarding, have already been granted bail by the learned Special Judge and considering the case of the petitioner on the same footing, he may also be released on bail. 6. Mr. Sarma, learned Additional Public Prosecutor, Assam submitted in this Page No.# 3/4 regard that from the forwarding report as well as from the materials available in the case diary, it is seen that the present accused petitioner is also involved in the alleged offence, wherein, house of the informant was set on fire by a mob, causing extensive damage of her household property and out of the mob, 5 (five) nos. of accused persons got arrested and forwarded to the judicial custody. 7. Considering the submissions made by the learned counsel for both sides, I have also perused the case records as well as the case diary. 8. It is seen that there are some incriminating materials against the present accused petitioner. However, considering the length of detention already undergone by the accused petitioner, this Court is of the opinion that the Investigating Officer has got sufficient opportunity to interrogate him, keeping him in custody. Accordingly, this Court finds it a fit case to extend the privilege of bail to the present accused petitioner. 9. Accordingly, the accused petitioner, Dipraj Debnath, 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 SDJM (S), Mushalpur, Baksa, Assam. 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 SDJM(S), Mushalpur, Baksa, without prior permission. 10. With the above observations and direction, the bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant