Page No.# 1/4 GAHC010102082026 2026:GAU-AS:7383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1377/2026 LAKHESWAR PHUKAN S/O SRI BAPURAM PHUKAN, R/O VILL KHERONI, PS SIMEN CHAPORI, DIST DHEMAJI, ASSAM, PIN 787061 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MS. A MAHANTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.05.2026 Heard Ms. T. Som, learned counsel for the petitioner and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Lakheswar Phukan, has prayed for bail as he is apprehending arrest in connection with Dhemaji P.S Case No. 77/2026, registered under Sections 196(1) (a)/196(1)(b)/299/302/318(2) of BNS, 2023, R/W Section 5/6(a) of the Assam Healing (Prevention of Evil) Practices Act, 2024 and R/W Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. 3. The petitioner had applied for bail before the learned Additional Chief Judicial Magistrate, Dhemaji and vide order dated 16.05.2026, his prayer for bail was rejected. The petitioner is now before this Court with prayer for bail. 4. The learned Additional Public Prosecutor has raised objection against the prayer for bail without perusal of the case diary. 5. It is submitted on behalf of the petitioner that the petitioner has been languishing in the jail for 22 days. The petitioner’s wife is ailing seriously and she is suffering from Cancer. 6. Some documents were produced relating to the ailment of petitioner’s wife, Kalpana Doley, at the time of hearing. Page No.# 3/4 7. The allegation against the petitioner is that he has been inducing certain vulnerable persons and attempting to influence them to adopt Christianity. The petitioner is also alleged to have induced the victims by fraudulently claiming that he possesses magical healing powers and thereby, the petitioner has been booked under the aforementioned Acts. 8. I have considered the submissions that the punishment prescribed under Assam Healing (Prevention of Evil) Practices Act, 2024 is only up to 1 year. 9. I have also considered the submission that the other offences are bailable offences. 10. Considering the length of detention and considering the fact that the petitioner’s wife is ailing and suffering from Cancer, it appears that bail may be granted to the petitioner. Accordingly, the above-named petitioner is enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the Jurisdictional Court/Elaka Magistrate with following conditions: (i) the petitioner shall refrain from such activities with he is alleged; (ii) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, bail order shall stand cancelled. Page No.# 4/4 12. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant