Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010159162025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2366/2025 S L MANGCHA S/O- LATE L. VAHTHANG. VILL.- KAMKEILON HENGLEP. P.O. AND P.S.- CHURACHANDPUR, DIST.- CHURACHANDPUR, MANIPUR, PIN -795128. PRESENT ADDRESS.- AMBARI, GANESH MANDIR PATH, P.O.- UDAYAN VIHAR, P.S.- SATGAON, DIST.- KAMRUP(M), ASSAM. PIN- 781171. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.08.2025
Heard Mr. A. Basumatary, learned counsel for the petitioner and Mr. B.
Page No.# 2/3 Sharma, learned Addl. Public Prosecutor. This is an application for releasing the petitioner on bail in connection with Jalukbari P.S Case No. 0233/2025 registered under Sections 318(2)/319(2)/336(3) of the BNS read with Section 25(1-AAA) of the Arms Act. The FIR dated 07.06.2025 reflects that doubtful license was recovered from a co-accused and that 12 Bore DBBL gun was also seized from one of the accused. The police thereafter investigated to unearth more and more facts relating to illegal forgery racket and in the said investigation, the petitioner was arrayed as an accused person and he was arrested on 13.06.2025 and since then, he is behind the bars. Mr. A. Basumatary, learned counsel for the petitioner submits that the case was registered under Section 318(2), 319(2) and 336(3) of the BNS Act read with Section 25(1-AAA) of the Arms Act, 1959. The counsel further submitted that 60 days is the mandatory period with regard to the said offence under which the FIR was registered. He further submits that today when the matter is listed, the mandatory period of 60 days is over and as such, he has prayed for default bail in the said connection. Mr. B. Sharma, learned Addl. Public Prosecutor on instructions had submitted that today is the 60th day from the date of remand of the accused person and he submits that charge sheet is not submitted as the Case Diary is with him. It is as
Page No.# 3/3 such seen that the mandatory period of 60 days is complete and the prosecution has not filed the charge sheet. As such, the petitioner is entitled for default bail. Accordingly, the petitioner is released on bail on furnishing a bail bond of Rs.
20,000/- with two (2) local sureties of the like amount to the satisfaction of the Trial Court under the following conditions:- (1) He shall cooperate with the investigation and appear before the Court as and when he is required. (2) He shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) He shall not leave the jurisdiction of the Investigating Officer without his leave. Petition is disposed of. JUDGE Comparing Assistant