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2026 DAILYLAW 9276 (GAU)

HARA KANTA CHAYENGIA v. THE STATE OF ASSAM

Bail Appln./1885/2026 · 2026-07-08

Kalyan Rai Surana

body2026

Judgment text

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Page No.# 1/3 GAHC010140592026 2026:GAU-AS:9467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1885/2026 HARA KANTA CHAYENGIA SON OF LATE JATISH CHAYENGIA, RESIDENT OF KONA NADI, P.S. - BOGINADI, DISTRICT-, LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 09.07.2026 Heard Mr. K. Boruah, learned counsel for the petitioner and Mr. M.P. Goswami, learned APP for the State of Assam. 2. By filing this application under Section 483 of the BNSS, 2023 for granting bail to accused/ petitioner, namely, Hara Kanta Chayengia, in Page No.# 2/3 connection with Boginadi P.S. Case No.61/2026 under Sections 329(3)/ 296/ 74/ 117(2) of the BNS,2023. 3. The case of the petitioner is that the informant and others were making constructing on the land which they claim to be a community burial ground and on being objected to, as a counter blast, an FIR was lodged alleging that petitioner and others assaulted the informant and her husband, stripped her clothes, outraged her modesty and also vandalized the shop and also made an attempted to set the shop on fire. 4. Although the learned APP has objected to the grant of bail, but considering that the petitioner was taken into custody on 16.06.2026, further custodial interrogation of the petitioner may not be required. 5. Accordingly, the Court is inclined to grant bail to the petitioner, namely, Hara Kanta Chayengia, in connection with Boginadi P.S. Case No.61/2026 on furnishing a bail bond of Rs.25,000/- (Rupees Twenty five thousand only) with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, Assam. 6. The bail is granted on the following conditions: I. That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. Moreover, notice under section 35(3) of the BNSS is served at the address and/or place of residence. It would constitute due service of notice at the petitioner to appear before the I/O. Page No.# 3/3 II. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. That the petitioner shall not obstruct the smooth progress of the investigation/trial. IV. That the petitioner shall not misuse his liberty in any manner. V. That the petitioner shall not jump over the bail. 7. It may stated that other co-accused were released by this Court vide order dated 26.06.2026 in connection with AB/1477/2026. 8. The application is allowed and disposed of. JUDGE Comparing Assistant