Disposed¶28

Alakesh Nath v. the State of Assam

Gauhati HC16 Jul 2026Bail Appln./1433/2026

Case brief

AI extract

What is this about?

Alakesh Nath; bail; Gauhati High Court; Bail Appln./1433/2026; order dated 17.07.2026; Justice Susmita Phukan Khaund; Nagaon P.S Case No. 365/2026; Section 108 BNS 2023; Section 483 Bharatiya Nagarik Suraskha Sanhita 2023; suicidal death of 15-year-old student; custody since 21.05.2026; 58 days detention; charge-sheet not laid; incriminating materials in case diary; Additional Public Prosecutor objection; bail Rs.50,000 with one surety of like amount; Elaka Magistrate/Jurisdictional Court; Changsari; Kamrup (Rural); State of Assam.

What did the court decide?

Release on bail: petitioner allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount, subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court; case diary directed to be sent back. ¶28

Alakesh Nath Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Alakesh Nath, detained since 21.05.2026 (58 days) in connection with Nagaon P.S Case No. 365/2026 under Section 108 of BNS, 2023, should be granted bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, notwithstanding incriminating materials in the case diary.

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Court's answer

Scrutiny of the case diary revealed incriminating materials against the petitioner.

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Ratio / Principle

Notwithstanding the incriminating materials, considering the length of detention and the progress of investigation, the petitioner may be granted bail.

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Key takeaways

The petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand).ratio¶24
Bail is with one surety of like amount, subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court.ratio¶26
The case diary is to be sent back.obiter¶27

Detailed headnote1 paragraphs

Bail granted - Gauhati High Court (Mrs. Justice Susmita Phukan Khaund), Order dated 17.07.2026 in Bail Appln./1433/2026: Alakesh Nath, in custody since 21.05.2026 (58 days) in connection with Nagaon P.S Case No. 365/2026 under Section 108 of BNS, 2023, for alleged responsibility for the suicidal death of a 15-year-old student, sought bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023. Charge-sheet had not yet been laid. Though scrutiny of the case diary revealed incriminating materials against the petitioner (a point also urged by the learned Additional Public Prosecutor), the Court, weighing the length of detention and the progress of investigation, allowed the petitioner to go on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount, subject to the satisfaction of the learned Elaka Magistrate/Jurisdictional Court; the case diary was directed to be sent back and the bail application stood disposed of.

Page No.# 1/3

GAHC010108172026

2026:GAU-AS:9766

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

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Case No. : Bail Appln./1433/2026

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ALAKESH NATH

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SON OF LATE BHANEN CH NATH R/O CHANGSARI P.S CHANGSARI DISTRICT KAMRUP (RURAL), ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS

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Advocate for the Respondent : PP, ASSAM, MR. N J DUTTA,MR N AHMED

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Page No.# 2/3

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BEFORE

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HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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17.07.2026

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Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State.

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This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Alakesh Nath , who is stated to have been in custody since 21.05.2026, has prayed for bail in connection with Nagaon P.S Case No. 365/2026 under Section 108 of BNS, 2023.

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The allegation against the petitioner is that the petitioner is responsible for the suicidal death of a 15 year old student.

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Case diary is received.

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It is submitted that charge-sheet has not yet been laid. The petitioner has been behind the bars for 58 days.

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The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the petitioner.

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I have scrutinized the case diary. It reveals that there are incriminating materials against the petitioner. However, considering the length of his detention and the progress of the investigation, it appears that the petitioner may be granted bail.

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