Page No.# 1/4 GAHC010108812026 2026:GAU-AS:8937 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1462/2026 SRI BASANTA KUMAR RABHA SON OF LATE SALBAR RABHA R/O- VILLAGE - BALIJURI P.O. BOKULIPARA, P.S. CHHAYGAON, DISTRICT KAMRUP. ASSAM-781124. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K SINGHA, G L BORA,M DEVI,MS. A BORO Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 22.06.2026. Heard Mr. K. Singha, learned counsel for the accused petitioner. Also heard Mr. R.J. Baruah, 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, Sri Basanta Kumar Rabha who is in jail custody for last 40 days w.e.f. 14.05.2026, in connection with the Gorchuk P.S. Page No.# 2/4 Case No. 375/2023, registered under Sections 120B/420/407/ 468/406 of the IPC. The case diary is received and perused the same. It is submitted by Mr. Singha, the learned counsel that the present accused petitioner got arrested with this case on 14.05.2026 and since last 40 days, he is behind the bar. He further submitted that it is a fact that the FIR of the present case was lodged in the year 2023 and the petitioner got arrested only in the year 2026 i.e. after three years. However, the petitioner was earlier called by the police and accordingly, he appeared in many occasions before the police and extended his cooperation in the present case. The only allegation against the present accused petitioner is that he made the correction of the land records without being the authorized Lat Mandal of that area. However, there is sufficient progress in the investigation of this case and all the relevant documents etc. are also collected by the I.O. during the investigation. The learned counsel further submitted that the land record has already been corrected and the mutation granted to the one of the accused is already been cancelled in the year 2020 and the mutation is now existing in favour of the informant. After the correction of the mutation in the year 2020 only, the present FIR was lodged in the year 2023, with the allegation of tampering with the documents in the office. Mr. Singha, the learned counsel further submitted that two of the co-accused persons who were also working as the Lat Mandal and the Circle Officer have already been granted bail by this Court with the observation that there is sufficient progress in the investigation of this case and all the relevant papers Page No.# 3/4 have been collected by the I.O. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of this case, if he is granted with the privilege of bail. Mr. Baruah, the learned Addl. P.P., Assam raised objection and submitted that all the documents were tampered with and manufactured documents, on the basis of which the sale deed as well as the mutation was granted to the other co- accused, which were forged and fake documents. The present petitioner not being the authorized Lat Mandal of the area, had already made the land records corrected and the FSL report also suggested that the present petitioner is involved with forging the documents, on the basis of which the sale deed was executed as well as mutation was granted to the other co-accused. Accordingly, Mr. Sarma, the learned Additional Public Prosecutor raised objection and submitted that the investigation is still under progress and the bail petition may not be considered at this stage. Hearing the submission of learned counsel for both sides, I have also perused the case diary and it is seen that there are sufficient progress in the investigation of the case and from the submission made by the learned counsel for the petitioner, it is also seen that the land records/mutation has already been corrected and the I.O. got sufficient opportunity to interrogate the present accused petitioner keeping him in custody for last 40 days. Considering this aspect of the case, without going into other detail into the merit of the case, this Court is of the opinion that bail may be granted to the present accused petitioner considering his period of detention already undergone by him vis-à-vis the progress in the investigation of the case. Page No.# 4/4 Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of like amount, to the satisfaction of the learned CJM, Kamrup (M) at Guwahati, the accused/petitioner, namely, Sri Basanta Kumar Rabha be enlarged on bail, subject to the following conditions: (i) 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 from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) at Guwahati without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Kamrup (M) at Guwahati. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant