Page No.# 1/4 GAHC010094512026 2026:GAU-AS:8487 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1249/2026 CHANDAN GOALA @ CHANDAN KUMAR GOWALA @ CHANDAN GOWALA S/O. LT. SHIV NARAYAN GOWALA, R/O. WARD NO. 10, NUNIAPATTY, P/O. AND P/S. DHUBRI, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. D GOGOI, MR. H NATH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-06-20 26 Heard Mr. D. Gogoi, learned counsel for the petitioner and Ms. S. H. Borah, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Chandan Goala @ Chandan Kumar Gowala @ Chandan Gowala in connection with Dhubri P.S. Case No. 421/2025 registered under Sections 351(2)/351(3)/118(1)/3(5) of BNS, 2023 and added Section 103(1) of BNS, 2023. 3. Scanned copy of the TCR has already been received. Perused the same. 4. Mr. Gogoi, learned counsel submitted that the petitioner was arrested on 03.11.2025 and since last more than six months he is behind the bar and the case has already been charge sheeted and as per his instruction, charge is also framed against the present petitioner. 5. He further submitted that he himself surrendered before the learned CJM and since the day of his surrender, he is in custody. He is a law abiding person and on coming to know that an FIR has been instituted against him, he himself surrendered before the Court and he is in custody. 6. The petitioner is still ready and willing to contest the case by appearing before the learned Trial Court on each and every date to be fixed by the Court, if he is granted with the privilege of bail. 7. He further submitted that there are 24 numbers of cited witnesses in this Page No.# 3/4 case and hence, the completion of the trial will take considerable period and hence, consider this aspect of the case vis-à-vis the conduct of the petitioner, he may be released on bail. 8. Ms. Borah, learned APP raised objection and submitted that the petitioner is an FIR named accused against whom specific allegation has been brought and during investigation also it has come to the light that he is one of the accused who took active part in the alleged offence. 9. She further submitted that there are several eye witnesses to the prosecution case and their statements were also recorded under Section 180 and 183 BNSS. Those witnesses are yet to be examined by the prosecution and the case is at very initial stage of trial. She further submitted that initially the case was registered under Sections 351(2)/351(3)/118(1)/3(5) of BNS, but subsequently Section 103(1) of BNS is also being added during investigation. She accordingly submitted that the prayer for bail may not be considered at this stage as the probability of hampering or tempering with the evidences eye witnesses cannot be denied at this stage. 10. Hearing the submissions made by the learned counsel for the parties and I have also perused the scanned copy of the TCR wherefrom it reveals that there some eye witnesses who saw the occurrence while the accused persons have assaulted the victim/deceased and charge is not yet framed as per the scanned copy of the TCR, though as per submission of Mr. Gogoi, learned counsel the charge has already been framed against the present petitioner. However, it is seen that the case is at the very initial stage of trial and no witnesses could be examined by the prosecution till date. As the eye witnesses belong to the same village and hence, the probability of hampering or tempering with the evidence of those eye witnesses also cannot be denied at this stage vis-à-vis the gravity Page No.# 4/4 of the offence, this Court is of the opinion that till recording of some of the vital witnesses/eye witnesses of the prosecution the prayer for bail of the petitioner cannot be considered at this stage. 11. In view of above, this bail application of the petitioner stands rejected. 12. However, the learned Sessions Judge is hereby directed to issue summons to the vital witnesses/eye witnesses initially, so that the vital witnesses of the prosecution can be examined within a reasonable period of time. 13. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant