Page No.# 1/3 GAHC040005232025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/37/2025 Fulchand Ali Son of Shri Abdul Masjid, resident of Village Kaglachia, PO and PS Kaglachia, Barpeta District, Assam 781319 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Goonjan Bordoloi, Ali Meto Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 22-04-2025 Heard Mr. G. Bordoloi, learned counsel for the applicant and also heard Mr. T. Ete, learned Addl. Public Prosecutor, Arunachal Pradesh for the State. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for grant of privilege of regular bail to the accused person, namely, Md. Rahiz Uddin, in connection with Chayang Tajo P.S. Page No.# 2/3 Case No.01/2025, under Section 105 of the Bharatiya Nagarik Sanhita (BNS), 2023, who has been arrested on 19.01.2025. The case leading to filing of the present application is that an FIR was lodged by one Sri Chaco Venia of Venia Village under the Chayang Tajo Police Station in East Kameng District to the effect that on 19.01.2025, at around 8:00 a.m. at Venia Village, a dead body of non-local person was found, as reported by the accused, who was employed as Airtel tower installer in the said village. The accused stated that the incident had happened when he accidently pulled the trigger of the loaded air gun, which has caused the incident. Pursuant thereto, a case has been registered being the Chayang Tajo P.S. Case No.01/2025, under Section 105 of the BNS, 2023. Mr. G. Bordoloi, learned counsel for the applicant submits that since the petitioner was arrested on 19.01.2025 and remanded on 20.01.2025 and is in the custody since then for more than 96 days and no charge sheet has been filed by the police, the accused is entitled to be released on default bail. Therefore, he prays that the accused person may be released on bail. Mr. T. Ete, learned Addl. Public Prosecutor, Arunachal Pradesh, for the State, submits that accused Md. Rahiz Uddin has admitted that the deceased had handed over the air gun to him and having not known that the air gun was loaded, he had accidently pulled the trigger, which hit the deceased late Shahidul Khan. He submits that as per the post mortem report, the Doctor has opined that the death has occurred due to haemorrhage (blood case) due to injury to lungs and heart by penetrating wound by pellet. The air gun has also Page No.# 3/3 been seized from the accused. He submits that admittedly the charge sheet has not been filed. However, the same is due to want of the FSL report. I have considered the submissions of learned counsel for the parties and perused the case diary. It is noticed that the petitioner was arrested on 19.01.2025 and he is in the judicial custody since then for more than 90 days. Admittedly, no charge sheet has been laid as on today. In view of the above, I am of the considered view that the accused is entitled to be released on default bail, as the offence is under Section 105 of the BNS, 2023. Accordingly, it is provided that the accused person, namely, Md. Rahiz Uddin shall be released on bail on furnishing a bail bond of Rs.15,000/- (Rupees fifteen thousand) only, with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Seppa in East Kameng District. The bail petition stands allowed and disposed of. JUDGE Comparing Assistant