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2025 DAILYLAW 25560 (GAU)

LATU BORA v. THE STATE OF ASSAM

Bail Appln./3348/2025 · 2025-10-29

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010230922025 2025:GAU-AS:14587 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3348/2025 LATU BORA S/O LATE SANTA RAM BORA R/O HOUSE NO. 151, KACHARI BASTI, P.S. DISPUR, GUWAHATI-05, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, MR. D BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 30.10.2025 Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita (BNSS), 2023 praying for granting of bail to the accused/applicant, namely, Latu Bora in connection with Dispur P.S. Case. No. 717/2025 under Sections 117(2)/109(1) of Bharatiya Nyaya Sanhita, 2023. 3. CD has been received. 4. The case in brief is that on 20.08.2025, the informant, Doli Boro lodged an FIR before the Officer-in-charge, Dispur Police Station Police stating inter-alia that on 19.08.2025 at about 11.40 PM, quarrel took place at Bishnu Rabha Path, Kachari Basti between the informant's husband Rahul Boro and Latu Bora, who is a neighbour and Latu Bora injured her husband on his head with an axe. The said Latu Borah under intoxication was misbehaving his wife, therefore his wife called the informant's husband over phone to stop the quarrel, and when the informant's husband reached their place, he was beaten very badly and at present the informant's husband is undergoing treatment at GMCH Medical in a very critical condition. On receipt of the FIR a case being Dispur P.S case No. 717/2025 under Sections 117(2)/109(1) of Bharatiya Nyaya Sanhita, 2023 was registered. 5. On perusal of the CD, it appears that the incident took place as a result of a sudden quarrel and prima facie, there does not appear to be any pre- meditated intent on the part of the petitioner. In the meantime, the investigation has also progressed and the statements of the witnesses have been recorded and the petitioner has already spent 68 days behind bar. 6. Having regard to the above, prayer for bail is allowed. The petitioner shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority in connection with the aforesaid case. Page No.# 3/3 7. The petition stands allowed and accordingly disposed of. JUDGE Comparing Assistant