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2026 DAILYLAW 9346 (GAU)

MANU BASUMATARY v. STATE OF ASSAM

Bail Appln./1696/2026 · 2026-07-13

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/4 GAHC010127412026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1696/2026 MANU BASUMATARY S/O LT PHANIR BASUMATARY, PERMANENT RO GOGAMUKH GAON, PS GOGAMUKH, DIST DHEMAJI, ASSAM, PRESENT R/O SURABHI PATH, BAMUNIMAIDAM, WEST JYOTINAGAR, PS CHANDMARI, DIST KAMRUP (M), ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 14-07-20 26 1. Heard Mr. D. Medhi, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, Manu Basumatary, who was arrested on 31.05.2026 in connection with Gorchuk P.S. Case No.118/2026 registered under Section 310(4) of BNS, 2023, read with Section 30 of the Arms Act. 3. The brief facts of the case is that on 31.05.2026, the complainant SI(P) Rahul Boruah of Gorchuk P.S. lodged an FIR at Gorchuk P.S. stating that, in connection with GDE No. 013 dated 31.05.2026, acting upon credible source information regarding the assembly of certain persons and their preparation for the commission of dacoity within the jurisdiction of Gorchuk P.S., a police team comprising the complainant and other staff conducted search and verification operations for the prevention and detection of cognizable offences. During the operation, three suspected persons, namely (i) Bandhuram Basumatary (43 years), (ii) Janak Basumatary (36 years), and (iii) Manu Basumatary (40 years), were found assembled together at K.K. Dhaba, Belowali Path, Pub Boragaon. On being intercepted and searched in the presence of independent witnesses, one 32 MK-II pistol bearing No. 219122276 (RFI-IN-2021), two empty magazines, fourteen rounds of .32 min live ammunition, one arms licence standing in the name of Manu Basumatary, one Gorkha khukri, one hand-forged butcher knife, one multitec cutter, three keypad mobile phones, five black-coloured T-shirts, one blue-coloured jumper, one black-coloured neck warmer, one black-coloured bucket hat and three bags of different descriptions were recovered and seized vide seizure list dated 31.05.2026. During enquiry, apprehended accused Manu Basumatary disclosed Page No.# 3/4 the involvement of one Dilip Swargiary in the conspiracy and preparation for commission of dacoity. Accordingly, being led by the accused, the police team proceeded to Rani Patgaon area under Azara P.S. and apprehended Dilip Swargiary. Further enquiry revealed that several other associates were also involved in the conspiracy and preparation for commission of dacoity and were staying at different locations. From the circumstances of the case, the recovery of arms, ammunition and other incriminating articles, there are reasonable grounds to believe that the accused persons, along with their associates, had assembled and made preparations for the commission of dacoity and other connected cognizable offences. Hence, the FIR was registered vide Gorchuk P.S. Case No. 118/2026, U/s. 310 (4) BNS, R/W. 30 Arms Act. 4. The learned counsel for the petitioner submits that the petitioner is a retired CRPF personnel and the Pistol that was recovered from him is a licenced one and the licence was also been annexed to the instant bail application. 5. On the other hand, the learned Addl. PP submits that besides the Pistol, other objectionable items like, Khukri etc., including mask and black colour dress were also recovered indicating that petitioner along with other were preparing to commit dacoity. 6. Case diary as called for has been received and it appears there-from that the investigation has progressed and by now, the petitioner has spent 45 days in custody and considering the above, the prayer for bail is allowed. 7. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with 2 (two) sureties of like amount subject to the satisfaction of the learned CJM, Kamrup (Metro), Guwahati with following conditions: i) That the petitioner shall not hamper with the investigation, or tamper with the evidence of the case. 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 Page No.# 4/4 to dissuade him from disclosing such facts to the Court or to any police officer. iii) That the petitioner shall not commit any offence while on bail. 8. Violation of bail conditions might entail cancellation of the bail. 9. With the above observations, this bail application is disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant