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2026 DAILYLAW 809 (GAU)

HIMANSHU CHARKI v. THE STATE OF ASSAM

Bail Appln./136/2026 · 2026-01-29

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010007632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./136/2026 HIMANSHU CHARKI S/O LATE DHAN BAHADUR CHARKI, RESIDENT OF TATIMARA CHANDRAPUR, PS PRAGJYOTISHPUR, DIST KAMRUP M ASSAM 2: MD SAHRE ALAM KHAN S/O MD. MAJIBUL KHAN RESIDENT OF GOSAIBARI BHETAPARA PS BASISTHA DIST KAMRUPM ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. N.A. BEGUM, MR. S MUNIR Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.01.2026 Heard Mr. S Munir, learned counsel for the petitioners. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 whereby the petitioners (1) Himanshu Charki and (2) Md. Sahre Alam Khan have prayed for releasing them on bail after they were arrested in connection with Basistha P.S. Case No. 07/2026. On an allegation of theft, persons specifically named in the FIR assaulted a boy. The learned Additional Public Prosecutor, Assam has submitted that Police has submitted charge sheet in this case being C.S. No. 29/2026 dated 27.01.2026. The learned Additional Public Prosecutor has insisted on calling for the Case Diary. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that under the given circumstances, the petitioners do not deserve to be detained in custody any longer. Hence, the prayer for bail of the petitioner is allowed. Accordingly, the petitioners Himanshu Charki and Md. Sahre Alam Khan, who were arrested in connection with Basistha P.S. Case No. 07/2026, are allowed to go on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. With the above, the bail application is disposed of. JUDGE Comparing Assistant