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2025 DAILYLAW 7250 (GAU)

CHIRANJEEB BORUAH v. THE STATE OF ASSAM

AB/289/2025 · 2025-05-08

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010026632025 2025:GAU-AS:5750 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/289/2025 CHIRANJEEB BORUAH S/O LT. LOHIT BORUAH R/O VILL-KACHUA MAZGOAN P.S. NARAYANPUR SUB-DIVISION-NORTH LAKHIMPUR, DIST.LAKHIMPUR, ASSAM PIN-784165 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MR H DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.05.2025 1. Heard Ms. T. Som, the learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing for the State Page No.# 2/3 of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Chiranjeeb Boruah, who is apprehending his arrest in connection with North Lakhimpur P.S. Case No. 23/2025, corresponding to GR Case No. 59/2025 under Section 109/118(2)/126(2)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 13.01.2025, one Shri Prashanta Pratim Bora, had lodged an FIR naming 6(six) accused persons therein, including the present petitioner, had inter alia, alleged that the accused persons named in the FIR had assaulted the father of the informant, namely, Shri Mahendra Bora, and caused grievous injuries on his person. 4. The learned counsel for the petitioner, Ms. T. Som has submitted that the petitioner is not involved in the offence, alleged in the FIR. She submits that though the petitioner was present at the place of incident, he is the owner of the vehicle and he only took the co-accused Shri Pranab Dutta to police station and apart from that, he has no role in the alleged offence. She also submits that the petitioner is ready to co-operate in the investigation. 5. However, Mr. P.S. Lahkar, the learned Additional Public Prosecutor has produced the Case Diary of North Lakhimpur P.S. Case No. 23 /2025, which includes the injury, report of the victim. He submits that the victim has sustained multiple grievous injuries on various parts of his body, including fracture of facial bond. He also submits that the witnesses, whose statements have been recorded by the Investigating Officer, including the victim has specifically implicated the present petitioner in the offence alleged in the FIR. Page No.# 3/3 Hence, he vehemently opposed the grant of bail to the present petitioner. 6. I have considered the submissions made by the learned counsel for both the sides and have perused the Case Diary, which was produced before this Court. On perusal of the Case Diary, it appears that the victim sustained multiple fractures and grievous injuries on his person and there is sufficient incriminating material against the petitioner in the Case Diary. 7. In view of the above, this Court is not inclined to grant the benefit of a favourable order under Section 482 of BNSS, 2023 to the present petitioner at this stage. 8. This anticipatory bail application is accordingly dismissed. 9. Send back the Case Diary. JUDGE Comparing Assistant