Page No.# 1/3 GAHC010142122026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1925/2026 JITEN HASDA AND ANR S/O- LATE DUBAI HASDA VILL-SALJURI PART-II, P.O-BALLIMARI P.S- GOSSAIGAON DISTRICT- KOKRAJHAR, BTR, ASSAM PIN-783346 2: MARTIN HEMBROM S/O-LAKHIRAM HEMBROM VILL-LAORIPARA P.O P.S-KOKRAJHAR DISTRICT- KOKRAJHAR BTR ASSAM PIN- 783370 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2026 Heard Mr. M. Hussain, learned counsel for the accused and Mr. P. Barthakur, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused persons, namely, Jiten Hasda and Martin Hembrom; who have been languishing in jail hajot since 27.04.2026, in connection with Gossaigaon P.S. Case No. 80/2026, registered under Sections 61(2)/113(1)/113(3)/152 BNS, 2023, read with Section 25(1)(a) of the Arms Act, 1959, read with Section 16(b)/18 of UA(P) Act, 1967, for grant of bail. 3. Mr. Hussain, learned counsel for the accused submits that the accused persons were arrested on 27.04.2026, and they were forwarded to jail hajot on 28.04.2026, and since then, they have been languishing in jail hajot for the last 92 days and till date, no charge-sheet has been submitted by the I.O. and the statutory period of detention in this case is 90 days and since no charge-sheet has been submitted till date, the accused are entitled for default bail and therefore, he has contended to allow the petition. 4. Mr. P. Barthakur, learned APP has produced one report of the Officer-in- Charge of Gossaigaon Police Station before this Court, perusal of the same indicates that the statutory period of detention will be over today and the I.O. will be filing an application before the learned Trial Court for extension of the period of investigation. However, Mr. Barthakur, learned APP submits that the accused persons have completed 92 days in jail hajot and not 90 days, as stated by the Officer-in-Charge of Gossaigaon Police Station in his report. Mr. Barthakur also confirmed that no charge sheet has been submitted in this matter. 5. Since, charge-sheet could not be submitted by the Investigating Officer within the statutory period of 90 days, this Court is of the view that the accused persons are entitled to default bail. Page No.# 3/3 6. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety each of the like amount, to the satisfaction of the learned Special Judge, Kokrajhar, the accused persons shall be released on bail. 7. To ensure the presence of the accused persons during trial, the learned Special Judge, Kokrajhar, will be at liberty to impose any other conditions, which he deems fit and proper. JUDGE Comparing Assistant