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2026 DAILYLAW 17360 (GAU)

SRI PUWAL BORKOTOKI v. THE STATE OF ASSAM AND ANR

Bail Appln./4027/2025 · 2026-01-06

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010270492025 2026:GAU-AS:218 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4027/2025 SRI PUWAL BORKOTOKI S/O LATE AMBESWAR BORKOTOKI R/O VILL- NO. 2 KHALIHAMARI P.O. DHALPUR, P.S. BIHUPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. SWARNA BORKOTOKI W/O BIDYADHAR BORKOTOKI R/O VILL- NO. 2 KHALIHAMARI P.S. BIHPURIA DIST. LAKHIMPUR MOBILE NO. 939495410 Advocate for the Petitioner : MR. R P HAZARIKA, MR. A RAJKHOWA,AMIR HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.01.2026 Heard Mr. A. Rajkhowa, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. PP for the State. 2. By this petition under Section 483 BNSS, the accused-petitioner, namely, Sri Puwal Borkotoki who was arrested on 28.08.2025 in connection with Bihupuria PS Case No. 170/2025 in G.R. Case No. 797/2025 under Section 118(2)/351(3)/296 of the BNS. 3. The allegation against the petitioner is that he had assaulted the victim on the head with a Dao because of an altercation. Subsequently, charge-sheet has been filed in the case and the trial has commenced. The informant has already been examined by the learned Trial Court and in the meantime, the petitioner has spent 131 days behind Bars. As per the medical report, there is a single injury to the head of the victim, which is grievous in nature. 4. However having regard to the aforesaid facts and the period of detention, further detention of the petitioner is not warranted. Accordingly, the prayer for bail is allowed. 5. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Lakhimpur subject to the following condition- Page No.# 3/3 (1) The petitioner shall not try to influence the witnesses and shall regularly participate in the trial. 6. In terms of the above observation, the bail application stands disposed of. JUDGE Comparing Assistant