Dipen Sarma Vs the State of Assam

2. This is an application filed under Section 483 BNSS, praying for grant of bail to the petitioner, namely, Dipen Sarma, who was arrested in connection with Noonmati P.S. Case No. 21/2026 registered under Sections 316(2)/318(4)/305(b) of BNS, 2023.

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3. Case diary received. Perused the same.

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4. It is submitted by Ms. Som, learned counsel that the earlier bail application of the petitioner was rejected by this Court vide its order dated 10.03.2026 in BA No. 475/2026. But the present petition has been filed only on the specific ground of illness of his father, who is suffering from various old age ailments and there is no one to look after his father. Apart from that the petitioner is in custody since last 43 days including 9 days police remand, wherein the I.O. got sufficient opportunity to interrogate him, keeping him in custody.

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5. She further submitted that both the vehicles in question have already been recovered by police during investigation with the help of the present petitioner and hence, his further custody may not be required for the purpose of investigation.

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6. Mr. Borthakur, learned APP submitted in this regard that his earlier bail application was rejected on perusal of the case diary finding sufficient materials against him. He further submitted that though the vehicles related to the

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present case has already been recovered by police during investigation, but there are many complaints made by other victims against the present petitioner with similar kind of allegation wherein also the modus operandi of the petitioner was same. Those matters are also still under investigation. Further, he submitted that there is no new ground for considering the present bail application, which was earlier rejected by this Court on perusal of the case diary.

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7. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary wherefrom it is seen that there are sufficient materials against the present petitioner, who led the police for recovery of two vehicles while he was in police remand. However, only considering the ground brought by the petitioner in regards to the illness of his father and vis-à-vis the length of his detention, I find it a fit case to extend the privilege of bail to the petitioner.

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8. Accordingly, the accused/petitioner, namely, Dipen Sarm, be released on bail in connection with Noonmati P.S. Case No. 21/2026 registered under Sections 316(2)/318(4)/305(b) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions:-

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(i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and

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(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

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9. With the above observation and direction, this bail application stands disposed of.

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10. Return the case diary herewith.

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JUDGE