Page No.# 1/3 GAHC010235202025 2025:GAU-AS:16612 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3505/2025 JOYDUL ISLAM BORBHUIYA @ JAYDUL ISLAM BARBHUIYA AND ANR S/O ISLAM UDDIN BARBHUIYA VILL- CHALCHAPRA GRANT, P.S. SILCHAR DIST. CACHAR, ASSAM 2: ABDUL MOZID @ ABDUL MAJIB BARBHUIYA S/O LATE KUKIL UDDIN BARBHUIYA VILL- KURIYA BASTI BANNI BRIDGE TEA ESTATE P.S. ALGAPUR DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard A. M. Barbhuiya, learned counsel appearing for the accused applicant and Mr. B. Sarma, learned Addl. PP for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023 praying for granting regular bail to the accused applicant in connection with Silchar P.S. Case No. 864/2025 registered under Section 109/3(5) BNS, 2023 read with Section 25(1) (b)/27 of Arms Act corresponding to G.R. No.1460/2025. 3. The gist of the allegation against the accused applicant as narrated in the FIR dated 27.08.2025 is that the informant along with certain members of VDP party were on duty, when they saw 4 (four) bikes with 12 (twelve) persons coming towards them. When they were questioned, the bikers threatened the VDP party and they threatened to injure them, if they do not leave their way. They allegedly showed guns. It was alleged that at that point of time, there was a quarrel between the parties and a gun fell down on the ground. It was also alleged that by firing gun shots the accused persons fled away from the spot. 4. After receipt of the FIR, the Police registered Silchar P.S. Case No. 864/2025 under the aforementioned sections. 5. The police arrested the accused persons on 03.09.2025 and since then for the last 91 days, the accused applicants are behind the bar. 6. The learned counsel appearing for the accused applicants submits that the since the mandatory period of detention without filing charge sheet of 90 days is already over, the accused applicants should be granted the privilege of default bail. 7. Mr. B. Sarma, learned Addl. PP for the State submits that though 91 days is already over, he does not have any instruction in the matter as to whether charge sheet has already been filed or not. Page No.# 3/3 8. Taking into account the period of detention already undergone by the accused applicants, this Court is of the considered view that the accused applicants should be granted bail, at this stage. Accordingly, it is directed that the accused applicants, namely, Joydul Islam Borbhuiya @ Jaydul Islam Barbhuiya and Abdul Mozid @ Abdul Majib Barbhuiya, shall be released on bail on furnishing of bail bond of Rs.50,000/ each, with a surety of like amount to the satisfaction of the learned CJM, Cachar, Silchar. However, the above bail order shall be subject to the following conditions:-. (i) that the accused applicants shall make themselves available to the police or any other investigating agency or Court in the present case as and when required; (ii) that the accused applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness; (iii) that the accused applicants shall not obstruct the smooth progress of the investigation/trial; and (iv) that the accused applicants shall not misuse their liberty in any manner. In view of the aforesaid directions, the instant Anticipatory Bail application stands disposed of as allowed. TCR be returned, forthwith. JUDGE Comparing Assistant