Gauhati High Court
Bail Appln./490/2026 of NIKIL ALIAS NIKHIL DEBNATH Vs THE STATE OF ASSAM AND ANR on 22 March 2026
GAHC010032982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./490/2026 NIKIL ALIAS NIKHIL DEBNATH SON OF LATE GAURANGA DEBNATH, RESIDENT OF VILL- BANDARCHARA, DOLOGAON, P.S. KOKRAJHAR, ASSAM, PIN-783372 VERSUS THE STATE OF
GAHC010032982026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./490/2026
NIKIL ALIAS NIKHIL DEBNATH
SON OF LATE GAURANGA DEBNATH,
RESIDENT OF VILL- BANDARCHARA, DOLOGAON, P.S. KOKRAJHAR, ASSAM, PIN-783372
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE LEARNED PP, ASSAM
2:GOLAK BASUMATARY
SON OF LATE LAKSHMI RAM BOSUMATARY
VILL AND P.O. DOLGAON
P.S. AND DIST. KOKRAJHAR
Advocate for the Petitioner : MR. A LAL, MS. A BORO,MR A BRAHMA
Advocate for the Respondent : PP, ASSAM, MS. P DAS, AMICUS CURIAE
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 23.03.2026 Heard Mr. A Lal, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State of Assam and Ms. P. Das, learned Amicus Curiae in this matter.
2. The learned counsel for the petitioner has submitted that the violations of the mandatory provision of Section 35 (3) would entitle the petitioner the privilege of bail in the present matter. This bail petition has been preferred in connection with Special Case No. 14/2026 under Section 8/ 12 of POCSO Act read with Sections 74/ 75 (2)/ 76 of BNS, 2023, which has arisen out of Kokrajhar P.S Case No. 08/2026. The matter has been charge-sheeted, and is now pending in the Court of the Special Judge Kokrajhar.
3. The Scanned copy of the TCR has been received and perused.
4. Violation of the provision of Section 35 (3) is noticed in this case. It is also noticed that the petitioner, who is aged about 64 years, has been in custody since 13.01.2026. The learned Amicus Curiae has submitted that releasing the petitioner on bail at this stage might enable him to hamper or tamper with the evidence.
5. The learned Addl. P.P has also submitted in similar lines with the learned amicus.
6. Keeping in view the violation of provision of Section 35 (3) of the BNSS, 2023, the age of the petitioner and the length of detention already suffered, the petitioner is granted the privilege of bail, however, with strict conditions so that the petitioner would not be in a position to hamper or tamper evidence proposed to be led by the prosecution during the trial of the case.
7. Accordingly, it is directed that the petitioner shall be released on bail on for furnishing a bond Rs. 20,000/- with two sureties of the like amount subject to the satisfaction of the learned Trial Court on the following conditions:
(i) The petitioner shall not leave the territorial jurisdiction of the learned Special Judge, Kokrajhar without prior written permission;
(ii) The petitioner shall not hamper and tamper with the evidence of the case;
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to the victim, family of victim, witnesses or any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
(v) The petitioner shall appear before the learned Special Judge, Kokrajhar, as and when directed to do so;
(vi) the learned Special Judge, Kokrajhar, shall be at liberty to impose such other conditions or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial.
(viii) He shall not interact with any of the witnesses in any manner whatsoever.
(ix) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail.
7. Bail application stands disposed of. JUDGE Comparing Assistant