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2025 DAILYLAW 11530 (GAU)

BIR SINGH CHOUHAN v. THE STATE OF ASSAM

Bail Appln./1347/2025 · 2025-04-30

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010089432025 2025:GAU-AS:5329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1347/2025 BIR SINGH CHOUHAN S/O LATE DUDHNATH CHOUHAN VILLAGE HATIAMUKH PATHAR PO BAGH JAP PS JAGIROD DISTRICT MORIGAON, ASSAM PIN-782411 VERSUS THE STATE OF ASSAM REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,R DEB,M. BORUAH,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 01.05.2025 Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023 read with Section 37 of NDPS Act, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Bongaigaon GRPS Case No. 21/2025, under Section 20(b)(ii)B/29 of NDPS. It is submitted by Mr. Chauhan, learned counsel for the petitioner, that the present petitioner got arrested in connection with this case 08.02.2025 and in spite of lapse of statutory period, the I.O. could not file the charge-sheet and the petitioner is accordingly entitled for default bail. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that on enquiry made by him, it is reported by the I.O. that the charge- sheet is still pending and not yet filed by the I.O. Considering the submissions made by the learned counsels for both sides and also considering the fact that the I.O. failed to file the charge-sheet within the stipulated period, without going into the detail of the merit of the case, I find it a fit case to extend the privilege of bail to the accused/petitioner. Page No.# 3/3 Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon, the accused/petitioner, namely, Bir Singh Chouhan, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner 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 him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Bongaigaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant