Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010018182025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./265/2025 DHRUBA CHOUDHURY S/O LATE GOLOK CHOUDHURY PERMANENT RESIDENT OF RANGMAHAL, NORTH GUWAHATI, P.S.CHANGSARI AND PRESENTLY RESIDING AT HOUSE NO. 10, BHAYAMAMA PATH, ZOO ROAD, GUWAHATI-781024 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S K TALUKDAR, MR. A B T HAQUE,T R OVUNG,MS. S T BOKTH Advocate for the Respondent : PP, ASSAM,
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R 11.02.2025 Heard Mr. S.K. Talukdar, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam.
2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sri Dhruba Choudhury has prayed for releasing him on bail in connection with Changsari P.S. Case No.12/2025 under Section 189(2)/ 191(2)/ 191(3)/ 115(2)/
Page No.# 2/2 109/ 76/324(4)/324(5)/351(2)/351(3) of the BNS, 2023.
3. The gist of the prosecution case against the present petitioner is that he had a quarrel with the family members of the informant.
4. The dispute between the family members of the informant relates to land.
5. There are two non-bailable sections, one is attempt to murder and another is use of criminal force upon a woman.
6. Mr. Talukdar submits that on a plain reading of the FIR, it appears that these two sections are inserted only to make this case a non-bailable one.
7. I have heard the learned counsel of both sides in the light of the materials available with the record.
8. The petitioner has already spent 27 days in judicial custody.
9. This Court is of the opinion that under the given circumstances of the case, he no longer deserves to be detained in custody. Therefore, his bail application is allowed.
10. The petitioner Sri Dhruba Choudhury who has been arrested in connection with Changsari P.S. Case No.12/2025 under Section 189(2)/ 191(2)/ 191(3)/ 115(2)/ 109/ 76/ 324(4)/ 324(5)/ 351(2)/ 351(3) of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon. With the aforesaid direction, the bail application is disposed of.
JUDGE Comparing Assistant