Page No.# 1/4 GAHC010141902026 2026:GAU-AS:9555 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1903/2026 ABHILASH DUTTA AND ANR S/O- LATE PRANTIK DUTTA, R/O SILPHUKHURI, KARNACHAL ROAD, PIN- 781003. 2: MARRIN TALUKDAR S/O- LATE SOMESWAR TALUKDAR R/OSILPUKHURI KARNACHAL HILL SIDE NEAR SIVA MANDIR PIN-78100 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P MAHANTA, C SARMA,MS. P SAHARIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 14.07.2026 Heard Mr. P. Mahanta, learned counsel for the petitioners. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioners namely, Abhilash Dutta and Marrin Talukdar, have prayed for bail as they are behind bars since 06.07.2026 in connection with Latashil P.S Case No. 45/2026 under Sections 118(1)/126(2)/3(5) of BNS, 2023. 3. The allegation against the petitioners is that the petitioners along with one of their associates engaged in a road rage incident and assaulted the victim, Arghyadeep Roy. The petitioners assaulted the victim, causing grave injuries on his forehead just above the eyebrows. The victim was given nine stitches for the wound sustained by him as a result of assault. 4. The learned Additional Public Prosecutor has raised serious objection stating that bail cannot be granted without perusing the case diary. 5. It is submitted by the learned counsel for the petitioners that this case does not fall under Section 118(2) of the BNS, as no dangerous weapons have allegedly been used by the petitioners to cause the injuries. It is submitted that, although it is alleged that the victim sustained an injury which required nine stitches, the injury does not appear to be a grave injury. Page No.# 3/4 6. It is further submitted that the petitioners have cooperated with the investigation and they are willing to further cooperate with the investigation. 7. It is also submitted that the injuries might have been caused by the ring on one of the petitioners’ finger. 8. I have considered the submissions at the Bar with circumspection. 9. I have considered the submission that the petitioners are willing to cooperate with the remaining part of the investigation and to abide by any stringent conditions, if imposed upon them. It appears that bail may be granted to the petitioners under certain conditions. 10. Considering the entire aspect of the matter, the above-named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only each with one surety each of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions: (i) the petitioners shall appear before the I.O on every fortnight, till completion of investigation; (ii) the petitioners shall refrain from such activities with which they are alleged; (iii) the petitioners shall not exercise threats to the victim or any witnesses; (iv) the petitioners shall not leave the jurisdiction of the Court without prior permission. Page No.# 4/4 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant