Page No.# 1/3 GAHC010268572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3968/2025 DAOHARO BORO @ DADHIRAM BORO @ B. DWINDENGRA AND ANR S/O LT. KHAPRA BORO, VILLAGE- BATAKUCHI, P.O.- BATAKUCHI, P.S.- TANGLA, DISTRICT- UDALGURI, BTR, ASSAM, PIN- 784510. 2: HUSIYAR BASUMATARY S/O LT. KAMAL BASUMATARY VILLAGE- BASUGAON P.O.-DOKMOKA P.S.-DOKMOKA DISTRICT- KARBI ANGLONG ASSAM PIN-782481 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,R DEB,M. BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 02.02.2026 1. Heard Mr. S. Chauhan, learned counsel for the petitioners and also heard Mr. B. Sharma, learned Addl. P.P. for the State. Page No.# 2/3 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, 1 Sri Daoharo Boro @ Dadhiram Boro @ B. Dwindengra, 2. Sri Husiyar Basumatary, who were arrested on 26.04.2025 in connection with Tangla P.S. Case No. 14/2025 under Section 147/148/308(4)/351(3) of BNS, 2023 R/W 25 (1-A) of the Arms Act, 1959 is seeking bail. 3. As per the FIR, the petitioners have been planning to raise and armed extremist outfit and in pursuance of that objective, they travelled to Manipur and procure arms which they brought back to Assam and kept the same hidden in a secret place. 4. On the basis of source information the petitioners were arrested and thoroughly interrogated and the petitioners led the police to the place where the arms and ammunition were kept and concealed and police recovered the same on the basis of disclosure made by the petitioners. 5. Perusal of the charge-sheet indicates that according to the I.O. the said recovery was made in the presence of independent witnesses. 6. The trial has already progressed and the evidence of as many as 7 witnesses out of 12 have already been recorded, including the statements of independent witnesses. 8. On perusal of the said evidence, it appears that the said independent witnesses have not supported the claim of the I.O. that they were present at the time of recovery of the arms and also witnessed the same. 9. The learned Addl. P.P. objects to the prayer for bail, on the ground that the charges against the petitioners are serious in nature. 10. The learned counsel for the petitioners submits that since the trial has Page No.# 3/3 already progressed and the evidence of the independent witnesses have been recorded which does not support the prosecution case, the prayer for bail may be considered keeping in view the long period of detention and the fact that one co- accused has been granted bail long ago. 11. Having regard to the aforesaid facts and circumstances, in specifically keeping in view the evidence of recorded by the leaned trial Court as well as the period of detention of 279 days, the prayer for bail is allowed. 12. The accused-petitioners, 1 Sri Daoharo Boro @ Dadhiram Boro @ B. Dwindengra, 2. Sri Husiyar Basumatary, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) each with two sureties each of like amount, one of them be Government servant to the satisfaction of learned Court below in connection with the aforesaid case. 13. It is further provided that the petitioners shall regularly attend the trial and shall not attempt to influence any of the witnesses. 14. The bail petition is disposed of accordingly. 15. Send back the case diary. JUDGE Comparing Assistant