AB/1846/2026 of DILIP NATH Vs THE STATE OF ASSAM on 11 August 2026

ORDER

12.08.2026 Heard Mr. A. Hawari, learned counsel for the applicant and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by the applicant, namely, Dilip Nath, who has been apprehending arrest in connection with Basistha P.S. Case No.274/2026 under Section

117(2)/109/3(5) of BNS, for grant of the privilege of pre-arrest bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Bhabesh Kalita, on 18.07.2026. The essence of allegation made in the FIR dated 18.07.2026 is that the accused persons, namely, Deba Kanta Nath, Puran Bahadur and Himangshu Sinha had assaulted the informant and kept him confined inside the premises of ESIC Hospital at Beltola, and when his brother, namely, Bhaskar Kalita came to rescue him, they had assaulted him also.

4. Mr. Hawari, learned counsel for the applicant submits that the applicant is no way connected with the allegation narrated in the FIR as well as he is not named in the FIR. The learned counsel for the applicant also submits that the applicant is a security personal, who was posted on the day of incident in the said Hospital, but he is not involved with the incident. He also submits that the FIR named accused persons have already been granted bail by this Court and the applicant is no way involved with the offence alleged in the FIR and besides, he is a security personal in the said hospital and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the application.

5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, Assam, submits that the present applicant is not an FIR named accused.

6. Having heard the submission of learned Advocates of both sides, this Court has carefully gone through the application and the documents placed on record.

7. It appears that the present applicant is not an FIR named accused and more so, he is a security personal deputed in the aforesaid hospital on the day of incident. Considering the facts and circumstances on the record and also considering that the FIR named accused persons are already enlarged on bail, this Court is of the view that custodial interrogation of the present applicant, in the interest of investigation may not be required and therefore, this Court is inclined to allow this application.

8. It is provided that in the event of arrest of the applicant, namely, Dilip Nath, in connection with Basistha P.S. Case No.274/2026 under Section 117(2)/109/3(5) of BNS, he shall be enlarged on pre-arrest bail on his executing a bond of ` 20,000/- with one surety of the like amount to the satisfaction of the arresting authority.

9. The above privilege is, however, subject to the following conditions:-

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when directed;

(ii) The applicant shall not make any inducement, threat or promise to any person, directly or indirectly, acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iii) The applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, without prior permission.

10. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE