Bail application filed by petitioner in a case under Sections 118(2)/3(5) of BNS 2023. The court, noting that both parties sustained injuries in the altercation, granted bail on personal bond conditions.
Petitioner granted bail on furnishing a bail bond of Rs.20,000 with one local surety of the like amount subject to specified conditions.
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GAHC010183842026
2026:GAU-AS:13639
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2492/2026
SRI TARUN DAS
S/O LT PHUKAN DAS, R/O VILL 3 NO AMTOLA, PO AND PS CHHAYGAON, DIST KAMRUP ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B B GOGOI, MRS. S KHATANIAR
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
15.09.2026
1. Heard Mr. B.B. Gogoi, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam.
2. By this application, the petitioner has prayed for bail in connection with Chhaygaon P.S. Case No. 173/2026 registered under Sections 118(2)/3(5) of the
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BNS, 2023.
3. The FIR, in connection with which the petitioner was arrested, was lodged by one Biswajit Das stating inter alia that when his mother came out of the washroom after taking a shower accused No. 3 who was so arrayed in the FIR splashed dirty water on the complainant’s mother leading to an altercation. It was further alleged that the petitioner and his son came to the place of occurrence and assaulted the informant as well as his mother and father.
4. The learned counsel appearing for the petitioner submits that there was an altercation between the two parties during which both parties sustained injuries. He further submits that both parties are neighbours and that the occurrence took place due to the said altercation.
5. Mr. B. Sharma, learned APP, upon perusal of the case diary submits that both parties have sustained injuries and that the father of the informant had sustained simple injuries as the other family members of the complainant.
6. Upon consideration of the submissions made by the learned counsel for all the parties, more so in view of the fact that the petitioner had also sustained injuries, this Court deems it fit to enlarge the petitioner on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer as and when called for,
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(ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and
(iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer.
7. Accordingly, this Bail Application is disposed of.
JUDGE
Comparing Assistant
Tarun Das
State of Assam Represented by the Public Prosecutor
Shamima Jahan
As recorded by the court registry
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