Page No.# 1/6 GAHC010099062026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1314/2026 SRI INDRAJIT HAZARIKA ALIAS BABU AND 4 ORS SON OF LATE JIBESWAR HAZARIKA RESIDENT OF LATAKATA HOUSE NO 1 A BASISTHA PO AND PS BASISTHA DISTRICT KAMRUP METRO ASSAM 781029, MOBILE NO. 8473818104 2: SRI DEBAJIT HAZARIKA ALIAS MAINA SON OF LATE JIBESWAR HAZARIKA RESIDENT OF LATAKATA BAZAR HOUSE NO 1 A BASISTHA PO AND PS BASISTHA DISTRICT KAMRUP (METRO) ASSAM 781029 3: SRI SUNIL PATHAK SON OF LATE KARUNA KANTA PATHAK RESIDENT OF LATAKATA PILINGKATA THANA ROAD PO AND PS BASISTHA DISTRICT KAMRUP METRO ASSAM 781029 PH 9707808326 4: SRI TOPASH SAIKIA ALIAS NIPU SON OF LATE NAGEN SAIKIA RESIDENT OF HOUSE NO 10 LATAKATA BY LANE NO 1 PO AND PS BASISTHA DISTRICT KAMRUP METRO ASSAM 785671 5: SRI GIREN NATH SON OF LATE HARMOHAN NATH TEMPORARY RESIDENT OF HOUSE NO 43 PASHUPATI NAGAR LATAKATA BASISTHA PO AND PS BASISTHA DISTRICT KAMRUP METRO ASSAM 781029 PERMANENT RESIDENT OF HOUSE NO 2 CHANGSARI DALLANGAON PO PANITEMA PS KAMALPUR DISTRICT KAMRUP ASSAM-781101 MOBILE NO. 863888489 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/6 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS M ZOMUANPUII,MS S JAIN,MR P DOLEY,MR J SINGH,MR H AGARWAL,MRS J M KONWAR Advocate for the Respondent : PP, ASSAM, MR. MD IMDAD(INFORMANT),MD IMRAN(INFORMANT),MS F HUSSAIN(INFORMANT),MR S M ABDULLAH P(INFORMANT) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 01-06-2026 Heard Mr. BD Konwar, the learned Senior Counsel, assisted by Mrs. JM Konwar, the learned counsel appearing on behalf of the accused applicants. Also heard Mr. DP Goswami, the learned Additional Public Prosecutor, Assam appearing for the State respondents and Ms. F Hussain, the learned counsel for the informant. 2. This is an application filed under Section 483 of the BNSS praying for bail to the accused applicants namely (1). Sri Indrajit Hazarika @ Babu; (2). Sri Debajit Hazarika @ Maina; (3). Sri Sunil Pathak; (4). Sri Topash Saikia @ Nipu and (5). Sri Giren Nath in connection with Basistha Police Station Case No.113/2026 under Sections 61(2)/118(2)/109 of the Bharatiya Nyaya Sanhita (BNS) 2023. 3. An FIR was lodged on 06.04.2026 by one Dr. Arun Kumar Konwar that on 06.04.2026 at about 4:30 PM, while his brother Utpal Konwar along with his friend Sri Raja Lahkar were traveling from Bakrapara, towards his flat at Pilingkata, the accused applicants, acting in a pre-planned manner, with clear intention to kill his brother, struck his brother on his head with a sharp object, causing severe injuries; that the accused persons had also attacked and injured Page No.# 3/6 the friend of his brother, Sri Raja Lahkar; that on receipt of the information, the brother of the informant, was taken to the Health City Hospital, Guwahati and he was found to be unconscious in the Hospital when the informant visited him in the hospital. 4. On receipt of the FIR, the police registered a case being Basistha P.S. Case No.113/2026 under Section 61(2)/118(2)/109 of the BNS 2023. 5. Mr. BD Konwar, the learned Senior Counsel for the accused applicants submits that the issue actually relates to a land which belongs to one senior citizen of that locality. The learned Senior Counsel submits that the aforesaid land belonged to one Anil Bharali and the said land was being used by him for the purpose of renting out by building certain houses there. The learned Senior Counsel submits that the victim being a known land grabber tried to grab the land and that there were certain complaints that had been filed before the Basistha Police Station against him by the people of the locality. He submits that one of such FIR was lodged way back on 24.10.2020, wherein an allegation had been made that the victim along with certain other people tried to illegally grab the land of said Anil Bharali, however, with timely intervention of the people of the locality, the same could not be grabbed by the victim at that point of time. He further submits that subsequently also on two other occasions, the land of said Anil Bharali was tried to be grabbed or he was tried to be illegally dispossessed from the land by the victim along with certain other people. In that respect also, an FIR dated 12.07.2025 was lodged before the Basistha Police Station. The learned Senior Counsel submits that though the FIRs were filed, however, no effective action was taken by the Police Authorities for reasons best known to them. 6. Mr. BD Konwar, the learned Senior Counsel further submits that due to the Page No.# 4/6 inaction on the part of the Police Authorities of Basistha Police Station, the aforesaid Anil Bharali was compelled to file a complaint before the Deputy Commissioner of Police, East Guwahati Police District, Kamrup (M) Assam and thereafter, Sri Anil Bharali had to approach this Court by filing a writ petition against the inaction of the Police Authorities. 7. The learned Senior Counsel submits that on the day of occurrence i.e. on 06.04.2026, the victim along with his associates, came to grab the land of the aforesaid Anil Bharali and after coming to know about the same, the local people gathered there, including the accused applicants, as a result of which there was a commotion between the two groups, wherein the victim may have got injured and he was thereafter shifted to Health City Hospital. The learned Senior Counsel submits that the injuries sustained by the victim were not of very serious nature as could be seen from the medical report that has been produced by the accused applicants along with the instant bail application. The learned Senior Counsel also submits that the victim has already been discharged from the hospital and he has been seen roaming around in the locality. The learned Senior Counsel further submits that as the accused applicants are behind the Bars for last 55 days, except the accused applicant No.5, who is behind the Bars for last 51 days, the further custodial detention of the accused applicants in the instant case may not be required. The learned Senior Counsel submits that as far as the land in question is concerned, the aforesaid Anil Bharali has already filed a title suit in the Court of the learned Civil Judge, (Senior Division) No.1, Kamrup(M), Guwahati, wherein by order dated 07.05.2026, status-quo order has already been passed. 8. In view of the aforesaid factual matrix, the learned Senior Counsel submits that the accused applicants should be granted bail at this stage. Page No.# 5/6 9. Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State has opposed the bail application of the accused applicants by submitting that the victim was in fact brutally assaulted by the group of people including the accused applicants and he had to be hospitalized for several days, and thereafter he had been discharged. He submits that investigation in the instant case is yet to be over, and, therefore, at this stage the accused applicants should not be granted bail. 10. The learned counsel appearing for the informant also submits that the victim was, in fact, brutally assaulted and he had to be admitted in the hospital and was put into ventilation for some days and thereafter, he had to be treated in ICU before his discharge. Accordingly, the learned counsel for the informant opposes the prayer of bail of the accused applicants in the instant case. 11. This Court has heard the submissions made by the counsel appearing for the respective parties and has also gone through the case diary that has been produced before this Court. It is seen from the materials brought before this Court that there is an existing land dispute regarding a plot of land which is located at Latakata at Pilingkata which has been claimed to be owned and possessed by both the victim as well as the aforesaid Sri Anil Bharali. It is also seen from the records that on several occasions, there were fights between groups of people for the said land in question. It is seen from the application that the accused applicants are residents of the locality, who, in fact, got involved in the instant case due to their commitment as citizens in the dispute between the victim and the aforesaid Anil Bharali, a senior citizen. 12. This Court has perused the case diary in the instant case and has also gone through the medical report, including the Discharge Certificate that has been produced before this Court by the counsel appearing for the informant. On Page No.# 6/6 perusal of the case diary, it is noticed that though there was no mention of any severe head injury suffered by the victim, in the statement of the victim, the victim has falsely stated that he had suffered severe head injuries with stitches. This Court has taken note of the false statement made before the Police by the victim as nothing on record could be found which shows that the victim had suffered head injury and he had to be given stitches for the same. Be that as it may, without commenting much on the aforesaid aspect, this Court is of the considered opinion that since the accused applicants have already spent more than 50 days in the jail custody, and also taking into account the medical report of the victim, the accused applicants should be granted bail at this stage. 13. Accordingly, it is directed that the accused applicants named above be released forthwith from jail custody on furnishing a bail bond of Rs.50,000/- each with a surety each of like nature to the satisfaction of the learned Chief Judicial Magistrate Kamrup(M) at Guwahati, subject to the following conditions: (i). The accused applicants shall cooperate with the investigation and shall make themselves available as and when called for by the investigating officer; (ii). The accused applicants shall not try to influence any of the witnesses or any other persons who may be connected to the case. 14. In terms of the above directions, the instant, bail application stands disposed of. 15. The case diary be returned back. JUDGE Comparing Assistant