Page No.# 1/3 GAHC010134672025 2025:GAU-AS:9275 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2017/2025 SHRI GOBINDA BISWAS @ RAJU S/O- LATE DHIREN BISWAS, R/O-MILANPUR, KACHARI BASTI, P.S.-PALTAN BAZAR, KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,A. AFREEN,MRS S A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 18.07.2025 Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Geetanagar P. S. Case No. 39/2025, registered under Sections 69/351(3) of BNS. 3. The case diary has been received and I have perused the same. 4. It is submitted by Mr. Rafique, learned counsel for the petitioner, that the accused/petitioner was arrested in connection with this case on 19.05.2025, and since then, he is behind the custody. Thus, considering the length of detention and the relevant statutory provisions, he submits that the accused/petitioner is entitled to default bail. 5. In this context, Mr. Borthakur, learned Additional Public Prosecutor, submitted that the statements made by the victim under Section 161 Cr.P.C. and recorded under Section 164 Cr.P.C. reveal that there are sufficient incriminating materials against the accused/petitioner. However, it is a fact that the Investigating Officer has failed to file the charge-sheet within the stipulated time. 6. Considering the submissions made by the learned counsels for both sides, and also taking into account the fact that the IO failed to file the charge-sheet within the statutory period of 60 days and there being no prayer for extension of time for investigation, I find this to be a fit case for granting the benefit of default bail to the accused/petitioner, without delving into the merits of the case. Page No.# 3/3 7. 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 Chief Judicial Magistrate, Kamrup (M), Guwahati, the accused/petitioner, namely, Shri Gobinda Biswas @ Raju, 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 Chief Judicial Magistrate, Kamrup (M), without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant