Madan Biswas and Anr. Vs the State of Assam

¶1

Page No.# 1/4

¶2

GAHC010194802025

¶3

undefined

¶4

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : Bail Appln./2829/2025

¶6

MADAN BISWAS AND ANR SON OF HACHIRAM BISWAS, R/O VILL. DOONGARPAR, P.S. MARIGAON, DIST-MARIGAON, ASSAM, PIN-782105

¶7

2: MANISH KUMAR SON OF SRI RAM PRAKASH MAHATO R/O- GM COKE INDUSTRIES 15TH MILE BORNYHAT P.O.- AND P.S. SONAPUR DISTRICT- KAMRUP (M) ASSAM PERMANENT RESIDENT OF KALYANPUR BASTI P.O.- KALYANPUR P.S. MAHIUDDIN NAGAR DIST- SAMASTIPUR BIHAR PIN-87850 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. B P SINHA, MS B.SINHA,MS B DAS

¶9

Advocate for the Respondent : PP, ASSAM,

¶10

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

Page No.# 2/4

ORDER

02.09.2025

Heard Mr. B. P. Sinha, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. P.P., Assam for the State.

¶15

By this application filed under Section 483 of the BNSS, 2023 the petitioners, viz., 1) Sri Madan Biswas and 2) Sri Manish Kumar have prayed for bail in connection with Sonapur P.S. Case No.95/2025 registered under Sections 109/117(2)/130/329(3) of the BNS read with Section 154 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 as well as Section 103(2) and Section 3 of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶16

The F.I.R. dated 08.06.2025 reveals that during the incident that had occurred on June 7, 2025 at GM Coke Industries it is found that a group of workers were brutally assaulted by fellow workers within the premises of the said Industries and it was also stated that the victims were beaten up with rods and other blunt objects and in pursuant to the same one of the victims was in a critical condition and that it was also informed that child labours were also employed in the said industry.

¶17

Mr. Sinha, learned counsel for the petitioners submits that the name of the petitioners surfaced during the investigation and in the forwarding report it is stated that the petitioners had brutally assaulted the other employees and had also caused injuries. Mr. Sinha submits that the name of the petitioners were not reflected in the F.I.R. and that they were not involved in the incident. He

¶18

Page No.# 3/4

¶19

also submits that the petitioners have been inside the jail for last 86 days and as such has prayed for bail.

¶20

Mr. P. Borthakur, learned Addl. P.P., on perusal of the Case Diary submits that there are materials against the present petitioners inasmuch as the victims have stated in their statements before the police that the petitioners along with others had hit the workers of the factory.

¶21

I have heard the learned counsel for the parties and have gone through the materials on record.

¶22

It is a settled position of law that in case of a group fight more specifically in a bail application the overt act of the petitioners has to be seen. It is noticed that the petitioners were named along with others by most of the witnesses without specifically stating about the overt act of the petitioners. Since the petitioners are incarcerated for 86 days as of today and seeing the length of the detention and that the investigation is almost over, this Court finds it fit that the petitioners may be released on bail on furnishing a bail bond of Rs.20,000/each with one local surety each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati under the following conditions :-

¶23