GAHC010234472025 2025:GAU-AS:16085 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./3428/2025 RIYAM DEKA SON OF SRI BIREN DEKA, RESIDENT OF GHORAMARA, CHANDAN NAGAR, NAGARIK PATH, P.S. HATIGAON, GUWAHATI, DISTRICT -

KAMRUP (METRO), ASSAM.

VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR G DEKA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

26.11.2025

1. Heard Mr. B. Mahajan, learned senior counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Riyam Deka, has prayed for bail in connection with Basistha P.S Case No. 472/2025 registered under Sections 189(2)/115(2)/117(2)/109 of BNS, 2023, Added Section 103(2) of BNS, 2023.

3. As per the allegation made in the FIR, on 11.09.2025, a quarrel broke out between the victim and his co-students. In the course of this quarrel, the present petitioner along with other co- accused persons assaulted the victim, as a result of which the victim became unconscious and subsequently died 20 days later in hospital. 4. The learned Additional Public Prosecutor for the State with reference to the case diary has submitted that there is sufficient incriminating material against the petitioner as the eye witnesses have implicated him.

5. It is also submitted that releasing the petitioner at this stage would send a wrong message to society.

6. On the other hand, the learned counsel for the petitioner has submitted that the petitioner is a patient of epilepsy, who requires regular treatment and considering the fact that the has already spent 76 days in custody, the benefit of bail may be granted to the petitioner.

7. Having regard to the fact that the petitioner is a patient of epilepsy requiring treatment, the prayer for bail is hereby allowed.

8. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of like amount subject to the satisfaction of the learned CJM, Kamrup(M) with following conditions:

(i) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner;

(ii) That the petitioner shall not commit any offence while on bail;

9. Violation of bail conditions might entail cancellation of the bail.

10. With the above observations, this bail application is disposed of.

JUDGE Comparing Assistant