Page No.# 1/3 GAHC010128962026 2026:GAU-AS:9125 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1714/2026 POBITRA BORAH S/O BABULI BORAH, R/O VILL BHAGAGAON, PS GOLAGHAT, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, GOVT OF ASSAM Advocate for the Petitioner : MR D J BORO, C SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-06-2026 Heard Mr. D J Boro, the learned counsel for the petitioner. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.06.2026 in connection with Golaghat P.S. Case No. 118/2026 u/s 126(2)/117(4)/351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by Mr. Boro, the learned counsel for the petitioner that the present accused/petitioner got arrested in connection with this case on 07.06.2026 and since 17 days he is in custody. The petitioner got arrested on the basis of one video which has been circulated in social media and which has also been seized by the police and hence the question of hampering or tampering with the evidence of the case also does not arise at this stage. The accused/petitioner is in custody since 07.06.2026 and thus the I/O got sufficient opportunity to interrogate him, keeping him in custody and hence further custodial interrogation may not be necessary for the purpose of investigation. 4. Mr. Boro further submitted that the incident took place on 04.06.2026 but the FIR was lodged after two days delay without explaining the cause of delay of lodging the FIR. He accordingly submitted the petitioner will cooperate with the I/O, if his further cooperation as required. 5. Mr. Baruah, the learned Additional Public Prosecutor raised objection and submitted that from the video footage which is recovered it is clear that the preset petitioner is involved in the alleged offence where he assaulted a person who is mentally retarded and that apart he cut the hair of the victim which has been circulated in the social media. Mr. Baruah accordingly submitted that Case Diary will reveal the actual fact of the case. 6. Considering the submissions made by learned counsels for both sides, perusal of the record and annexures filed along with petition, this Court is of the opinion that the I/O got sufficient opportunity to interrogate him keeping him in Page No.# 3/3 custody for last 17 days. Hence, further custodial detention may not be required for the purpose of investigation. In view of this, the petitioner is allowed to go on bail. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Golaghat. The accused/petitioner, namely Pobitra Borah, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Golaghat without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant