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2025 DAILYLAW 17809 (GAU)

SRI BIRAJ BORO v. THE STATE OF ASSAM

Bail Appln./2688/2025 · 2025-08-19

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010183472025 2025:GAU-AS:11115 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2688/2025 SRI BIRAJ BORO S/O GYANANDA BORO VILL- SURU MANIKPUR P.S. MUSHALPUR DIST. BAKSA BTAD, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20-08-2025 Heard Mr. N. Uddin, learned counsel for the petitioner Sri Biraj Boro, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 06.08.2025 in Page No.# 2/3 connection with PRC Case No. 210/205 arising out of Mushalpur Police Station Case No. 90/2024 under Sections 336(3)/340(2)/341(4) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Mushalpur. 2. Heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, who has submitted that without going through the contents of the Trial Court Records and the Case Diary, he has strong objection against the bail prayer of the petitioner as charge sheet has been laid against the petitioner and his prayer for bail has been rejected by the learned Trial Court. 3. It is submitted on behalf of the petitioner that the petitioner has surrendered before the Trial Court and he is ready to cooperate with the trial. It is further submitted that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. It is further submitted that the petitioner is a local resident and he is not a flight risk. 4. Considering the submissions on behalf of the petitioner, it appears that bail may be granted to the petitioner. 5. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur under the conditions that :- (i) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial, Page No.# 3/3 (ii) the petitioner shall cooperate with the trial and shall not tamper with the evidence and, (iii) the petitioner shall refrain from such activities with which he is alleged. 6. 6. On breach of any of the bail conditions, the Trial Court is at liberty to immediately cancel the bail granted to the petitioner. 7. In terms of the above, this Bail Application stands disposed of. JUDGE Comparing Assistant