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2025 DAILYLAW 10439 (GAU)

SWRANG ALIAS SWARANG BASUMATARY v. THE STATE OF ASSAM

Bail Appln./1068/2025 · 2025-04-28

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010073832025 2025:GAU-AS:5181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1068/2025 SWRANG ALIAS SWARANG BASUMATARY S/O-NAREN BASUMATARY, R/O-VILL-BHALUKMARI JANGAL,ROWTA,P.O- BHALUKMARI,P.S-ROWTA,DIST-UDALGURI,ASSAM-784508 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. DITUL DAS, MS TINLUNG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.04.2025 1. Heard Mr. D. Das, the learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam, who submits that though the Case Diary was called for, however in the meanwhile, the charge sheet has already been laid in this case, vide charge sheet No. 32/2025 dated 27.04.2025. Page No.# 2/2 2. Though the learned counsel for the petitioner has submitted that one of the ground, which has been agitated by the present petitioner in this bail application is that he was not furnished with the grounds of arrest at the time of his arrest and therefore, his arrest is itself vitiated. 3. However, as the charge sheet has already been laid in this case, this Court is of the considered opinion that the Trial Court is the best Court which has to consider the bail application at the first instance after charge sheet has been laid. 4. The petitioner would be at liberty to press for any grounds before the Trial Court for seeking bail, including the ground which he has taken in this bail application. 5. The petitioner may file a regular bail application before the Trial Court, if so advised. 6. This bail application is accordingly disposed of. JUDGE Comparing Assistant