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2025 DAILYLAW 24395 (GAU)

BINAY KALITA @ LANGKU v. THE STATE OF ASSAM

Bail Appln./3709/2025 · 2025-11-24

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010254642025 2025:GAU-AS:16010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3709/2025 BINAY KALITA @ LANGKU SON OF- LATE RAGHAB KALITA, RESIDENT OF- KUSHAL NAGAR, H/NO. 98, NIJARAPAR PATH, BAMUNIMAIDAN, GUWAHATI POLICE STATION - CHANDMARI, DISTRICT- KAMRUP METRO, PIN-781021 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MS A DAS,MRS. R S DEURI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.11.2025 1. Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused-petitioner, namely Binay Kalita @ Langku who was arrested on 06.10.2025 in connection with Chandmari P.S. Case No.239/2025 under Sections 103(2) of the BNS, 2023 is seeking bail. Page No.# 2/2 3. This gist of the allegation is that on 02.10.2025 when the informant’s brother was returning after immersion of the Durga Idol, he was badly attacked by 30-40 persons and brought to KGMT Hospital where he succumbed to his injuries. 4. It is submitted by the learned counsel for the petitioner that the present petitioner is not a participant of the assault. 5. It is submitted that the petitioner has spent 50 days behind the bars and he may be granted bail on the ground of length of detention. 6. It appears from the Case Diary that the investigation has progressed and having regard to that, the period of detention undergone by the petitioner, his further detention may not be necessary in the facts and circumstances of the present case. 7. Accordingly, the prayer for bail is allowed. 8. It is hereby directed that the petitioner, Binay Kalita @ Langku, who was arrested in connection with Chandmari P.S. Case No.239/2025 shall be released on bail on furnishing a bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) at Guwahati. 9. With the aforesaid direction, this Bail Application stands disposed of. JUDGE Comparing Assistant