Regular bail application under Section 483 BNSS for two accused in a murder case arising from an assault on a family harvesting paddy. Court noted custody periods but found sufficient incriminating material and, considering gravity of offences, rejected bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010007312026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./154/2026
MUKUT BHARALI AND ANR S/O LATE SURJYA BHARALI R/O KHAMAR P.S. PALASHBARI DIST. KAMRUP, ASSAM 2: KABINDRA BHARALI S/O LATE SURJYA BHARALI R/O KHAMAR P.S. PALASHBARI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 02.02. 2026
Heard Mr. A. Paramanik, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent.
This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 filed by the petitioners, namely (1) Mukut Bharali and (2) Kabindra Bharali , praying for regular bail in connection with Palashbari P.S. Case No. 283/2025 registered under Sections 118(2)/ 103(2) of BNS, 2023.
Page No.# 2/2
The case arose out of an ejahar dated 12.11.2025 alleging inter alia that while the informant alongwith her family members went for harvesting the paddy on her own plot of land on 12.11.2025 at about 8.30 a.m., the accused persons assaulted her alongwith her son and family members at the paddy filed. The accused No. 4 assaulted her brother namely Kandarpa Das with rod and the accused No. 5 assaulted her son namely Ujjal Das and accused No. 1 cut her son namely Ranjan Das. As a result of which her son Ranjan Das has died in GMCH. Her nephew namely Guno Mali was assaulted by accused Ratan Barali with a rod. Hence, the case.
The learned counsel for the petitioner has submitted the petitioner No. 1 has spent 88 days behind the custody and the petitioner No. 2 has spent 51 days and considering the length of detention, the prayer for bail may be considered.
Case diary is received and perused.
On the other hand, the learned Addl. Public Prosecutor on perusal of the case diary has submitted that there are sufficient incriminating materials against the present petitioners including the statement of the witnesses.
Having regard to the above as well as the gravity of the offences, prayer for bail stands rejected.
The bail application is dismissed.
Send back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners should be granted regular bail under Section 483 BNSS in a case of fatal assault during a paddy-harvesting dispute, considering length of custody and gravity of offences.
2 provisions across 2 enactments
Mukut Bharali
Kabindra Bharali
The State of Assam
Sanjeev Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
