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2025 DAILYLAW 26707 (GAU)

BARUN CHAKRABORTY AND ANR v. THE STATE OF ASSAM

Bail Appln./3679/2025 · 2025-11-19

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010251292025 2025:GAU-AS:15818 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3679/2025 BARUN CHAKRABORTY AND ANR SON OF PARATOSH CHAKRABORTY PARITOSH CHAKRABORTY,RESIDENT OF HOUSE NO. 6-A,B.P. CHALIHA NAGAR, BAMUNIMAIDAM,P.S. CHANDMARI, GUWAHATI,DISTRICT - KAMRUP (METRO), ASSAM. 2: BISHAL CHAKRABORTY SON OF PARATOSH CHAKRABORTY @ PARITOSH CHAKRABORTY RESIDENT OF HOUSE NO. 6-A B.P. CHALIHA NAGAR BAMUNIMAIDAM P.S. CHANDMARI GUWAHATI DIST. KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/3 Date : 20.11.2025 Heard Mr. A. Chaudhury, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor. 2. By this petition under Section 483 BNSS, the accused-petitioners, namely, 1. Barun Chakraborty. 2. Bishal Chakraborty, who were arrested on 04.10.2025 in connection with Chandmari PS Case No. 239/2025 under Section 103(2) of BNSS is seeking bail. 3. The 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 petitioners that the present petitioners are not a participant of the assault. 5. Mr. Baruah, learned Additional Public Prosecutor submits that however, there is some incriminating material against the petitioner No.2. On perusal of the case diary, the material does not appear to be very grave one. As regard the petitioner No.1 there appears to be no specific material. 6. In view of the above as well as the period of detention of 49 days already undergone by the accused petitioners, prayer for bail is allowed. 7. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties each of like amount to the satisfaction of learned CJM, Kamrup(M), Guwahati subject to the following condition:- (i) That the accused petitioners shall not directly or Page No.# 3/3 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 the Court. 8. 8. Return the case diary. 9. The bail application stands disposed of. JUDGE Comparing Assistant