Page No.# 1/3 GAHC040017782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/133/2025 Shridam Barman Son of Late Shibindra Barman, permanent resident of Village Jorpatki, PO and PS Coochbeehar, District Cooch Beehar, West Bengal and present resident of Gandhi Market, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mepe Ete, Punyo Harming,Jumge Karbak Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 04-11-2025 Heard Mr. M. Ete, learned counsel for the petitioner. 2. On 28.10.2025, the petitioner moved this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for release for the accused, namely, Shri Sagar Barman in connection with Itanagar P.S. Case No.102/2025 under Sections 111(2)(b)(3)((4) Page No.# 2/3 (5)/317(4)/336(2)/340/61(2) of BNS, 2023. 3. The accused is stated to have been arrested on 30.07.2025 in connection with the above P.S. case, and during the pendency of this bail application, the statutory period of 90 days in the present case expired on 29.10.2025, however, the I.O. of the case failed to file charge sheet into the case till date. Therefore, the applicant has filed interlocutory application (criminal) No.103(AP)/2025 under Section 187(3) of the BNS, 2023 seeking release of the accused on default bail. 4. It is submitted that the accused was arrested on 30.07.2025 and despite the expiring of statutory period of 90 days, the police has failed to file the charge sheet into the case and therefore, the applicant is entitled to default bail under section 187(3) of the BNS, 2023. 5. Mr. G. Tado, learned Additional Public Prosecutor for the State has produced the case diary and fairly submits that although the accused was arrested on 30.07.2025 and despite the expiring of statutory period, the police failed to file charge sheet against the accused till date and therefore, he has conceded to the submission of the learned counsel for the petitioner that the accused would be entitled to a default bail under section 187(3) of the BNS, 2023. 6. From the record, it appears that the accused was arrested on 30.07.2025 and despite the expiring of the statutory period of 90 days, police has failed to file charge sheet into the case till date. Under the circumstance, the accused has acquired an indefeasible right for Page No.# 3/3 consideration of his bail under Section 187(3) of the BNS, 2023 and the Court has not discretion in this regard. Under the circumstances and in view of the above, this bail application is allowed. 7. Accordingly, the accused is directed to be released on default bail under Section 187(3) of the BNS, 2023 on execution of bail bond of Rs.25,000/- with 2(two) sureties of like amount, one of which shall be resident of Arunachal Pradesh, to the satisfaction of Sessions Court, Yupia, with further conditions: (i) that the applicant shall cooperate and appear before the Investigating Officer of the case as an when called for; (ii) that the applicant 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 the Court or to any police officer; and (iii) that the applicant shall not leave the jurisdiction of concerned court without prior permission. 8. With the above, bail application stands disposed of. JUDGE Comparing Assistant