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2026 DAILYLAW 6432 (GAU)

ASHIM DAS v. THE STATE OF ASSAM

Bail Appln./1299/2026 · 2026-05-19

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010094992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1299/2026 ASHIM DAS S/O BIREN DAS R/O KHOKHA PARA P.S. PALASHBARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. R KALITA, MS. C BARMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2026 1. Heard Ms. R. Kalita, learned counsel for the petitioner Ashim Das who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 07.05.2026 in connection with Palashbari Police Station Page No.# 2/3 Case No. 109/2026 under Sections 61(2)/336 of the BNS Act. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State, who has raised serious objection stating that the forwarding report reveals that the petitioner is involved in this case contrary to the submission of the learned counsel for the petitioner. 3. On the other hand, the learned counsel for the petitioner has submitted that the petitioner is not involved in providing fake birth certificates as alleged. The petitioner is the owner of the shop, Ashim Store and the main person who takes care of the shop under his pay roll is Golap Das. Golap Das has already been arrested in connection with this case. 4. I have considered the submissions at the Bar. 5. The petitioner has been behind bars for 2 weeks. It appears that investigation may have progressed to a certain extent and further custodial detention may not be required. The petitioner is a local resident and he is not a flight risk. 6. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, Amingaon under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall not tamper with the evidence, and (iii) The petitioner shall not leave the jurisdiction Page No.# 3/3 of the Court without prior permission. 7. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 8. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant