Sri Satya Baruah Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Sri Satya Baruah Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court, subject to conditions that the petitioner refrain from the alleged activities, not leave the Court's jurisdiction without prior permission till completion of investigation, and cooperate with the remaining part of the investigation; bail order to stand cancelled on breach of any condition; Case Diary directed to be sent back.

Issue for consideration

Whether the petitioner, in custody since 02.04.2026 in connection with Uluani P.S. Case No. 19/2026 (under Sections 132/121(2)/117(2)/296 of BNS, 2023 read with Section 3 of the PDPP Act), should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023.

Court's answer

Custodial detention may not be required to further the investigation, the petitioner having been behind bars since 02.04.2026.

Ratio / Principle

Bail granted: the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court.

Key takeaways

Bail subject to conditions: the petitioner shall refrain from the alleged activities, shall not leave the jurisdiction of the Court without prior permission till completion of investigation, and shall cooperate with the remaining part of the investigation.ratio¶27
On breach of any of the bail conditions, the bail order shall stand cancelled.ratio¶29

Detailed headnote1 paragraphs

Bail Appln./1086/2026, Gauhati High Court (Mrs. Justice Susmita Phukan Khaund), order dated 04.05.2026 - Satya Baruah v. State of Assam. Application under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023 for bail in Uluani P.S. Case No. 19/2026 registered under Sections 132/121(2)/117(2)/296 of BNS, 2023 read with Section 3 of the PDPP Act. Allegation: while police were performing their duties, the petitioner resisted them, attacked police personnel and snatched away one INSAS riffle from police personnel Phatik Kaman; the Additional Public Prosecutor objected that police personnel Bijoy Krishna Das sustained grievous injuries, the medical report showing an abrasion measuring 4 x 2 cm near the victim's eye, termed grievous for that reason. Petitioner in custody since 02.04.2026; submitted to be willing to cooperate with the remaining investigation and not a flight risk as a local resident. Held: custodial detention may not be required to further the investigation; bail granted of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court, on conditions that the petitioner refrain from the alleged activities, not leave the jurisdiction of the Court without prior permission till completion of investigation, and cooperate with the remaining part of the investigation; on breach of any condition the bail order shall stand cancelled. Case Diary directed to be sent back; bail application disposed of.

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GAHC010078332026

2026:GAU-AS:6051

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

Case No. : Bail Appln./1086/2026

SRI SATYA BARUAH

S/O- SRI DANDA BARUAH R/O- MORANBARI, P.S-HELEM, DISTBISWANATH,ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR H P GUWALA, I KUMARI,MR. A BORO

Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

04.05.2026

Heard Mr. H.P. Guwala, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Satya Baruah , who is stated to have been in custody since 02.04.2026, has prayed for bail in connection with Uluani P.S. Case No. 19/2026 under Section 132/121(2)/117(2)/296 of BNS, 2023, R/W Section 3 of PDPP Act .

The learned Additional Public Prosecutor has raised objections stating that the police personnel, Bijoy Krishna Das sustained grievous injuries.

The allegation against the petitioner is that while the police were performing their duties, he resisted them, attacked the police personnel and snatched away one INSAS riffle from a police personnel, namely, Phatik Kaman.

I have also scrutinized the case diary.

The medical report states that Shri Bijoy Krishna Das has sustained an abrasion measuring 4 x 2 cm; however the injury was termed as grievous injury as the injury was caused near the victim’s eye.

It is submitted on behalf of the petitioner that he is willing to cooperate with the remaining part of the investigation. It is submitted that the petitioner is not a flight risk, as he is a local resident.

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The petitioner has also been behind bars since 02.04.2026. It appears that custodial detention may not be required to further the investigation.

After considering the submissions at the Bar and considering the entire aspect of the matter, the above-named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court with following conditions:

(i) That the petitioner shall refrain from such activities, with which he is alleged;

(ii) That the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of investigation.

(iii) That the petitioner shall cooperate with the remaining part of the investigation;

On breach of any of the bail conditions, bail order shall stand cancelled.

Send back the Case Diary.

Accordingly, the bail application stands disposed of.

JUDGE

Comparing Assistant