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2025 DAILYLAW 16635 (GAU)

LUKENDRA BASUMATARY ALIAS LUKEND v. THE STATE OF ASSAM

Bail Appln./2422/2025 · 2025-09-02

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010165212025 2025:GAU-AS:11951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2422/2025 LUKENDRA BASUMATARY ALIAS LUKEND S/O- LT UTTAM BASUMATARY, R/O- VILL- KAMARPARA, P.S- DOTMA, P.O- DOTMA, DIST-KOKRAJHAR, BTAD, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.09.2025 1. Heard Mr. P.K. Das, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Lukendra Basumatary @ Lukend has prayed for bail in connection with Sessions Case No.73(BGN) of 2024 arising out of Bongaigaon P.S Case No.226/2024 registered under Sections 25(1-A) of Arms Act and Section 35 of Arms Act. 3. It appears from the charge-sheet that the only allegation against the present accused i.e. Lukendra Basumatary @ Lukend is that he concealed the murder weapon i.e. pistol in his house in lieu of Rs.500/- from accused Sagra Basumatary. 4. By now, the present accused has spent 429 days behind the bar and trial is already commenced. 5. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of the like amount subject to the satisfaction of the learned trial court with following conditions: (i) That the petitioner shall cooperate in the trial; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; Page No.# 3/3 (iv) That the petitioner shall not commit any offence while on bail. 6. Violation of bail conditions might entail cancellation of the bail. 7. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant