Allowed¶29

Utpal Borah v. the State of Assam

Gauhati HC16 Nov 2025AB/2309/2025

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 482 BNSS 2023; Section 35(3) BNSS notice; BNS 2023 Sections 118(2), 109, 351(2), 3(5); Gauhati High Court; AB/2309/2025; Utpal Borah v. State of Assam; P.R.C Case No. 34/2024; Nagaon Sadar P.S Case No. 753/2024; NBWA; charge-sheet; Sessions-triable offences; bail bond Rs. 50,000; Justice Sanjeev Kumar Sharma; order dated 17.11.2025; petition allowed and disposed of.

What did the court decide?

Pre-arrest bail protection under Section 482 BNSS, 2023: petitioner to be released on bail upon appearance before the learned Magistrate on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount, subject to regular appearance during trial. ¶29

Utpal Borah Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010214722025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2309/2025

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UTPAL BORAH

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S/O. LT. KAMAL CH. BORAH, R./O VILL.- BHETIANI SANTIJAN, P/S. BATADRAVA, DIST. NAGAON, ASSAM, PIN-782123

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VERSUS

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THE STATE OF ASSAM, REPRESENTED BY PP, ASSAM

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Advocate for the Petitioner : MR. RASHIDUL ISLAM, MS B B AHMED,MR Z HUSSAIN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 17.11.2025

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Heard Mr. Z Hussain, learned counsel for the petitioner. Also heard Ms. N Das, learned Additional Public Prosecutor for the State of Assam.

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This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner namely, Sri. Utpal Borah in connection with P.R.C Case No. 34/2024 U/S 118(2)/109/351(2)/3(5) arising

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out of Nagaon Sadar P.S Case No. 753/2024 registered U/S 118(2)/109/351(2)/3(5) of BNS, 2023.

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The allegations against the petitioner is that on 31.08.2024, a quarrel broke out between the employees of the shop of the petitioner and the informant as a result of which the injured Inamul Hoque sustained injuries and in this regard, the aforesaid FIR was lodged resulting in registration of the aforesaid police case. Hence, the case.

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It is further submitted that pursuant to the notice issued U/S 35(3) of the BNSS, 2023 to the petitioner, he appeared on 03.01.2025 before the I/O and cooperated with the investigation and he was allowed to go. Subsequently, the charge-sheet was filed U/S 118(2)/109/351(2)/3(5) of BNS, 2023.

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It is submitted on behalf of the petitioner that since the charge-sheet included Sessions tri-able offences, it was apprehended that upon his appearance before the Ld. Magistrate, he may be taken into custody and therefore, although he had taken steps through his learned counsel, he did not appear before the Ld. Magistrate resulting in issuance of NBWA against him.

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It is submitted that the petitioner is ready to face the trial and desires to appear before the Ld. Magistrate and seeks protection in this regard.

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It is further submitted during this period, the police never came looking for the petitioners but, submitted the charge-sheet showing them as absconders.

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Having regard to the fact that the petitioner was not arrested despite his appearance pursuant to notice and also having regard to the nature of the allegations, it is provided that in the event of the appearance of the petitioner before the Ld. Magistrate, he shall be released on bail on furnishing a bail bond of Rs. 50,000/- with 1(one) surety of the like amount to the satisfaction of the concerned Magistrate in connection with the

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aforesaid case.

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It is further provided that the petitioners shall regularly appear during the trial if one commences.

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Petition stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Utpal Borah v. the State of Assam

Case brief

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Utpal Borah v. the State of Assam

Case brief

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