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2025 DAILYLAW 28079 (GAU)

CHANAKYA MONI RAJ BORAH @ CHANAKYA v. THE STATE OF ASSAM

Bail Appln./3634/2025 · 2025-11-25

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010247922025 2025:GAU-AS:16089 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3634/2025 CHANAKYA MONI RAJ BORAH @ CHANAKYA SON OF KHIRA KANTA BORAH KHIROKANTA BORAH,PERMANENT RESIDENT OF 64, AMTOL PATH,DIMARUGURI, P.O. ITACHALI, P.S. NAGAON,DISTRICT - NAGAON, ASSAM.PRESENT ADDRESS GOROLIA, NAMGHARPATH, P.S. BASISTHA, GUWAHATI,DISTRICT - KAMRUP (METRO), ASSAM, 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, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.11.2025 1. Heard Mr. B. Mahajan, learned senior counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Chanakya Moni Raj Borah @ Chanakya, has prayed for bail in connection with Basistha P.S Case No. 472/2025 registered under Sections 189(2)/115(2)/117(2)/109 of BNS, 2023, Added Section 103(2) of BNS, 2023. 3. As per the allegation made in the FIR, on 11.09.2025, a quarrel broke out between the victim and his co-students. In the course of this quarrel, the present petitioner along with other co- accused persons assaulted the victim, as a result of which the victim became unconscious and subsequently died 20 days later in hospital. 4. The learned Additional Public Prosecutor for the State with reference to the case diary has submitted that there is sufficient incriminating material against the petitioner as the eye witnesses have implicated him. 5. It is also submitted that releasing the petitioner at this stage would send a wrong message to society. Page No.# 3/3 6. On the other hand, the learned counsel for the petitioner has submitted that considering the length of detention of 76 days, the prayer for bail may be allowed. 7. Having regard to nature of grievous allegation and the incriminating material available in the case diary, the prayer for bail at this stage stands rejected. 8. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant