Page No.# 1/2 GAHC010111342026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1489/2026 SRI SIMANTA BORAH SON OF PONARAM BORAH, RESIDENT OF HOUSE NO. 5, PIYOLI PHUKAN PATH, JYOTI NAGAR, BAMUNIMAIDAM, GUWAHATI, DISTRICT KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., P KHATANIAR,G KAUSHIK,MR R SENSUA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 22.06.2026 Heard Mr. S. Borthakur, learned counsel senior counsel assisted by Mr. R. Sensua, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State. This is an application under Section 483 of BNSS, 2023 praying for release of the petitioner Page No.# 2/2 namely Sri Simanta Borah, on bail in connection with Dispur P.S. Case No. 326/2026 under Sections 109/121(2) of the BNS, 2023. As per contention of the informant in the FIR, the petitioner was driving his vehicle in a rash and negligent manner and he intentionally hit the victim, who was working along with the the informant near Ganeshguri Supermarket Assembly area. As a result of the said collision, the victim Nayan Das sustained severe injuries and had to be admitted in the ICU of GMC&H and his condition is stated to be critical. It is submitted by the learned counsel that the petitioner himself surrendered before the police after which he was arrested and remanded to police custody and was thoroughly interrogated and thereafter, he was remanded to judicial custody and as on today he has spent 28 days behind bars. The learned Additional Public Prosecutor upon perusal of the case diary fairly submits that there is no material to suggest that the petitioner intentionally hit the victim, although the material reveals that without helping the victim, the petitioner left the scene. Having regard to the aforesaid materials, prima facie the ingredient of Section 109 BNS may not be attracted. In the meantime, the petitioner has spent 28 days in custody. Accordingly, the prayer for bail is allowed. The petitioner named above shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount to the satisfaction of Elaka Magistrate in connection with the aforesaid case. Bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant