Page No.# 1/3 GAHC010007272026 2026:GAU-AS:1804 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./133/2026 LALCHAN ALI AND ANR S/O LT. GAFUR ALI VILL- ALOPATI CHAR P.S. ALOPATI DIST. BARPETA, ASSAM 2: ABU CHAYED S/O AJIBOR RAHMAN VILL- BAGHMARA CHAR NONKE P.S. ALUPATI DIST. BARPETA ASSAM PIN- 78312 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR KUTUB ALI,MR. H ALI,MR. SAYED SALIM AHMED,MR. F ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.02.2026 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. S.S. Ahmed, learned counsel appearing for the accused appellants. Also heard Mr. P.H. Lahkar, learned Addl. Public Prosecutor, Assam for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused –applicants in connection with Goalpara P.S. Case No. 221/2025 under Section 309 (4) of BNS, 2023. 3. An FIR was lodged on 02.12.2025 by one Chumbru Alda alleging that on 01.12.2025 at around 2.30 am in the night, a group of around 14/15 dacoits came to their company depot situated inside the railway premises near Goalpara armed with sharp weapons and has assaulted two chowkidars of their company and thereafter, looted 6 bundles of electric copper wires which have been used by their company in constructing railway lines. It was also alleged that one of chowkidar, namely, Ratneswar Rabha was critically injured. 4. On receipt of the FIR, the police registered Goalpara P.S. Case No. 221/2025 under section 309 (4) of BNS, 2023. 5. Mr. H.R.A. Choudhury, learned Senior Counsel appearing for the accused - appellants has submitted that though the case has been registered under Section 309(4) of BNS, 2023, the instant case will fall under the category wherein the punishment has been provided for rigorous imprisonment for a term which may extend to 10 years and not up to 14 years. Therefore, he submits that in the instant case, since the accused - appellants have already spent more than 61 days inside the jail, the default period prescribed for the offence as alleged to have been committed has already expired. Page No.# 3/3 6. In view of the aforesaid, he submits that the accused -appellants are liable to be released on default bail. 7. Mr. P.H. Lahkar, the learned Addl. Public Prosecutor submits that the Charge Sheet has not been filed as yet and mandatory 60 days is already over. 8. Considering the aforesaid facts and having seen that the offence as alleged in the FIR clearly falls under the category of offence wherein the punishment has been provided for rigorous imprisonment in the term which may not extend to 10 years and therefore, the mandatory period is 60 days in detention, this Court is of the considered view that the accused -applicants are liable to be released on default bail. Therefore, it is directed that the accused - applicants shall be released on bail on furnishing bail bond of Rs. 30,000/- each with surety of like amount to the satisfaction of CJM, Goalpara subject to the following conditions: (i) That the accused – applicants shall appear before the Investigating Officer as and when called for and fully cooperate in the investigation of the case. (ii) The accused –applicants shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 9. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant