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2025 DAILYLAW 11122 (GAU)

SRI ARUP BORUAH v. THE STATE OF ASSAM

Bail Appln./1250/2025 · 2025-05-19

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010083432025 2025:GAU-AS:6314 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1250/2025 SRI ARUP BORUAH S/O SRI KRISHNA BORUAH R/O CHINAI VILLAGE, P.S. GHLAMARA, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B BORA, MR P S RAJA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.05.2025 Heard Mr. B Borah, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Sri Arup Boruah, son of Sri Krishna Boruah, resident of Page No.# 2/3 Chinai Village, P.S.-Ghilamara, District-Lakhimpur, filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 21.04.2025 seeking bail in Ghilamara Police Station Case No. 11/2025 under Section 108 of BNS, 2023, corresponding to G.R. No. 34/2025, in which he was arrested on 21.03.2025 and is in custody since then. 3. After his arrest, the petitioner was produced before the learned Judicial Magistrate First Class, Dhakuakhana, District-Lakhimpur on 21.03.2025 itself. 4. As on today, the petitioner has completed 60 days in custody in said Ghilamara P.S. Case No. 11/2025. 5. On being enquired, Mr. K K Parashar, learned Additional Public Prosecutor, Assam, on instruction, submitted that Charge-Sheet in said Ghilamara P.S. Case No. 11/2025 has not been filed till date. 6. Considering the same, the petitioner, Sri Arup Boruah, is entitled for his default bail in said Ghilamara P.S. Case No. 11/2025. 7. Accordingly, the petitioner, namely, Sri Arup Boruah be released on default bail in said Ghilamara P.S. Case No. 11/2025, on furnishing a bail bond of Rs.40,000/-, with 2 (two) local sureties each of the like amount, one of which shall be a State or Central Government Employee, to the satisfaction of the learned Judicial Magistrate First Class, Dhakuakhana, District-Lakhimpur on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Ghilamara P.S. Case No. 11/2025 as and when he is required for necessary investigation of the said case; (ii) shall not leave the jurisdiction of Ghilamara Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iiii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; Page No.# 3/3 (v) shall not indulge himself in any offence or any criminal activities in future. 8. It is also made clear that in the event of filing of charge-sheet in said Ghilamara P.S. Case No. 11/2025 corresponding to G.R. No. 34/2025 against the petitioner and on cognizance of offence being taken by the concerned Trial Magistrate/Trial Court, the petitioner shall appear before the concerned Trial Magistrate/Trial Court on the dates fixed. 9. Failure on the part of the petitioner Sri Arup Boruah, to comply with any of the aforesaid terms and conditions, the bail granted to him in aforesaid Ghilamara P.S. Case No. 11/2025 shall stand automatically vacated. 10. Bail application accordingly stands allowed to the extent above. JUDGE Comparing Assistant