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2026 DAILYLAW 9215 (GAU)

SRI RAJA SAHA ALIAS AKASH v. THE STATE OF ASSAM

Bail Appln./1553/2026 · 2026-06-29

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010117332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1553/2026 SRI RAJA SAHA ALIAS AKASH S/O SRI MADAN SAHA, R/O VILL SANTIPUR, PS BISWANATH CHARIALI, DIST BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B HALDAR, MR H J MEDHI,MS S. BASAK,MR B KARDONG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30.06.2026 Heard Mr. B. Haldar, learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent. 2. This is an application under Section 483 of the BNSS, 2023, Page No.# 2/4 praying for granting bail to the accused/applicant in connection with Biswanath Chariali P.S. Case No. 112/2026 under Sections 117(2)/ 127(4)/ 351(2)/3(5) of the BNS. 3. An FIR was lodged on 03.06.2026 along with a complaint dated 03.06.2026, submitted by one organization, namely, Anti Drug and Rehabilitation Centre Association (ADRCA) before the District Social Welfare Department, Biswanath, Assam, alleging inter-alia that their association received video footage and information allegedly showing inmates/patients of the Live Well Rehabilitation Centre operating in Biswanath district being subjected to severe physical assault including beating with pipes and other forms of brutal treatment; that such acts of violence and torture have been occurring since the establishment of the said organization; that the videos and complaints indicate that the patients are being physically attacked and subjected to inhuman treatment instead of providing proper care and rehabilitation. 4. In view of the aforesaid complaint dated 03.06.2026, an FIR was lodged before the Senior Superintendent of Police, Biswanath, on 03.06.2026, enclosing the complaint dated 03.06.2026 and the same was subsequently forwarded to Officer-in-Charge, Biswanath Chariali, Police Station. On receipt of the FIR, Biswanath Chariali P.S. Case No. 112/2026 was registered under the aforementioned sections. 5. Mr. B. Haldar, learned counsel appearing for the accused/applicant, submits that the aforesaid Live Well Rehabilitation Centre is a registered society under the Registration of Societies Act XXI of 1860, and has been providing various facilities, including de- addiction facilities to the addicted persons. He further submits that Page No.# 3/4 although an isolated incident had occurred some time ago owing to the prevailing circumstances, there was no intentional beating of any inmate by the staff of the said rehabilitation centre. He further submits that in fact, the accused/applicant is not involved in any such beating and he is the president of the society and not involved in such activities. He submits that the accused/applicant has been arrested by police and behind the bars for the last 28 days. He submits that the concerned rehabilitation centre has already been sealed by the administration and therefore, there will be no occasion of involving himself in any of the activities that have been alleged in the FIR. He further submits that the accused/applicant shall fully co-operate with the investigation in the event of his release on bail. 6. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent, on the other hand, opposes the bail of the accused/applicant by submitting that there are visual evidence available about the alleged activities as narrated in the FIR. 7. The case diary in the instant case has been produced and the same is perused by this Court. 8. Taking into account the entire facts of the case as well as materials available in the case diary and the fact that the accused/applicant has already spent 28 days behind the bars, this Court is of the considered opinion that further custodial detention of the accused/applicant shall not be required in the instant case. 9. Therefore, it is directed that the accused/applicant shall be released on bail on furnishing of bail bond of Rs. 50,000/- with surety Page No.# 4/4 of like amount, to the satisfaction of Chief Judicial Magistrate, Biswanath, Assam, subject to the following conditions: (i) The accused/applicant shall co-operate with the investigation. (ii) The accused/applicant shall appear before the Investigating Officer as and when call for. (iii) The accused/applicant shall not try to hamper or temper with the evidence that may be involved in the instant case. 10. In terms of the aforesaid direction, the instant bail application stands disposed of as allowed. 11. Send back the case diary. JUDGE Comparing Assistant