Page No.# 1/5 GAHC010120362026 2026:GAU-AS:8765 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1632/2026 JAY PRAKASH CHAUHAN SON OF SURRESIDENT OF VILLAGE KISHAN BASTI, P.S. KHERONI, DISTRICT WEST KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA, MS R MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 18.06.2026. Heard Mr. R. Bora, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Addl. P.P., Assam appearing for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Jay Prakash Chauhan who is in jail custody w.e.f. 05.06.2026 in connection with the PRC Case No. 28/2026, under Sections 61(2)/103(1) of BNS, 2023, pending in the Court of learned CJM, West Karbi Page No.# 2/5 Anglong at Hamren. It is submitted by Mr. Bora, the learned counsel for the accused petitioner that the present petitioner approached this Court with a prayer for anticipatory bail vide AB No.838/2026 and by the order dated 27.04.2026, he was extended with interim protection and the matter was listed for final disposal on 22.05.2026. However, on 22.05.2026, it was reported that the case was already charge sheeted and hence, he was directed to appear before the learned Trial Court below with an appropriate application for bail and in that context, the petitioner had appeared before the learned Trial Court below on 14th day i.e. on 05.06.2026, with a prayer for bail which was rejected by the learned Trial Court below with an observation that the case is charge sheeted under Section 103 of the BNS, 2023, which is exclusively triable by the Court of Sessions and considering other materials in the charge sheet, it was held that there is reasonable ground to believe that the accused petitioner is guilty of the offence. The learned counsel for the petitioner further submitted that from the charge sheet itself it is seen that after obtaining the order of interim pre-arrest bail, the accused petitioner appeared before the I.O., cooperated with the investigation and accordingly, he was also allowed to go on bail to the satisfaction of the I.O. Thus, it is not a case that the accused petitioner was absconding or avoiding the investigating authority, rather he extended his cooperation during the investigation of this case. Mr. Bora further submitted that the case is at the stage of appearance as some of the accused persons are yet to be appeared and the case is not yet committed before the learned Sessions Court for commencing the trial of the case. The petitioner is in the custody since 05.06.2026 and further custodial detention may not be required even for the Page No.# 3/5 purpose of trial of the case and that apart, the case is yet to be committed before the learned Sessions Judge. He further submitted that the accused petitioner being the permanent resident of the addressed locality, will appear each and every date to be fixed by the learned Trial Court below and contest the case, if he is provided with the privilege of bail. Mr. Parasar, the learned Addl. P.P., Assam raised objection and submitted that from the statement made in the FIR itself, it is seen that the present petitioner is the master mind of the entire crime and though initially it was suspected that the deceased may die out of over dose of drugs, but from the statement made in the charge sheet itself as well as the final post mortem report also, it is seen that the deceased died due to head injury which is ante-mortem in nature and there was no traces of any narcotic substance or poison found in the viscera/blood of the deceased. The learned Addl.P.P., Assam accordingly raised objection and submitted that considering the nature of the allegation, the prayer for bail may not be considered at this stage. At best it may be considered, after examination of some of the vital witnesses of the prosecution. Considering the submission of learned counsel for both sides and on perusal of the case record, it reveals that the accused petitioner was on interim bail prior to filing of the charge sheet and in pursuant to that order, he appeared before the I.O. and extended his cooperation in the investigation of this case. However, it is a fact that the case is Sessions Triable one but it is evident that the accused was also allowed to go on bail on being satisfied by the I.O. and recording his statement prior to filing of the charge sheet. Page No.# 4/5 Thus, it is seen that the accused petitioner extended his cooperation during the investigation of this case. Further it is seen that the trial of the case is yet to be commenced and it may take a considerable period and the case is yet to be committed to the Court of Sessions, as some of the accused persons are yet to appear before the learned committing Court. Considering all these aspects of the case, without going other detail into the merit of the case, this Court is of the opinion that further custodial detention of the petitioner may not be required for the interest of the case and hence, I find it a fit case to extend the privilege of bail to the present accused petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount, to the satisfaction of the learned CJM, West Karbi Anglong at Hamren, the accused/petitioner, named above shall be enlarged on bail in connection with the PRC Case No. 28/2026, subject to the following conditions: (i) that the petitioner shall appear before the Court of learned CJM, West Karbi Anglong at Hamren, on each and every date to be fixed by the Court; (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/her from disclosing such facts to the Court or to any police officer; Page No.# 5/5 (iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned CJM, West Karbi Anglong at Hamren and will not leave the jurisdiction of the learned committal Court, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant