Page No.# 1/3 GAHC010261582024 2025:GAU-AS:146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3756/2024 MONUNJOY BARUAH S/O LATE GUNARAM BARUAH R/O DIBRUGARH, CHABUA P.S. CHABUA, DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. D C KALITA, MR. B K BHAGAWATI,MS R.JAISHI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.01.2025 Heard Mr. B K Bhagawati, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2) By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Monunjoy Baruah, Son of late Gunaram Baruah, resident of Dibrugarh Chabua, Police Station-Chabua, District- Dibrugarh, is praying for his bail in Garchuk Police Station Case No. 300/2024, registered under Sections 331(6)/309(4)/310(2) BNS, 2023 read with Section 25 (1-A) of the Arms Act, 1959, corresponding to G.R. No. 5708/2024, wherein, he was arrested on 28.09.2024 and is in custody since then. 3) Earlier, the petitioner approached for his bail before the Court of learned Sessions Judge, Kamrup(M), Guwahati vide Bail Application No. 221/2024 in said Garchuk P.S. Case No. 300/2024, which was rejected by the learned Additional Sessions Judge No. 2, Kamrup(M), Guwahati on 25.10.2024. Hence this bail application by the petitioner before this Court. 4) By placing the provision of Section 310 of the BNS, 2023, Mr. Bhagawati, learned counsel for the petitioner submitted that in order to constitute an offence under Section 310 of the BNS, 2023, there is a requirement of 5 (five) persons committing the dacoity, whereas in the case in hand, there are only 3 (three) persons involved in the case, including the petitioner herein, as can be seen from the forwarding report dated 28.09.2024. As such, Section 310 of the BNS, 2023 being not applicable in the case, therefore, the statutory period of detention of 90 days will also not be applicable in the said Garchuk P.S. Case. 5) Therefore, Mr. Bhagawati, learned counsel for the petitioner submitted that considering the detention of the petitioner in custody since 28.09.2024 in said Garchuk P.S. Case No. 300/2024, he is entitled for bail, as he is in custody for more than 90 days. 6) At this stage, Mr. M P Goswami, learned Additional Public Prosecutor, Assam, on instruction, submitted that the concerned Investigating Officer of the case, after completion of investigation of the case has already submitted the charge-sheet in said Garchuk P.S. Case No. 300/2024 vide charge-sheet No. 233/2024 dated 23.11.2024, which is much within sixty days. Page No.# 3/3 7) Considering the entire aspect of the matter, the petitioner, named above, is directed to approach the appropriate forum for his regular bail in said Garchuk P.S. Case No. 300/2024. 8) With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant