Bhushan Das Vs the State of Assam

This is an application filed by the petitioner Bhushan Das under Section 483 of the BNSS, 2023 praying for bail in connection with Lanka P.S. Case No.

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63/2026 under Section 326(g) of the BNS, 2023.

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An FIR was lodged on 16.04.2026 by one Bhupesh Karmakar alleging that on 15.02.2026 at about 2 a.m. the accused/applicant had set fire to the complainant's house. It was also alleged that the incident occurred due to a long standing quarrel between the complainant's sister's husband and having an extra-marital affair involving the accused applicant's wife. It was alleged that the accused/ applicant committed the act of arson at a shop belonging to one Gautam Ghosh which has been completely destroyed. It is also alleged that property worth Rs.20,000/- was damaged.

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On receipt of the FIR, police registered Lanka P.S. Case No. 63/2026 under Section 326(g) of the BNS, 2023. After completion of the investigation, charge sheet being CS No.48/2026 was laid before the learned CJM, Sankandev Nagar.

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Learned Counsel for the accused/applicant submits that the accused/applicant is behind the bars for last 52 days and since charge sheet has already been filed, the custodial detention of the accused/applicant may not be required.

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On the other hand, learned Addl.Public Prosecutor for the respondent opposes the bail by submitting that there are prima facie materials against the accused/applicant of his involvement in the case.

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This Court has gone through the TCRs that has been received and has also heard the submissions made by the respective sides.

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Taking into account the fact that the accused/applicant has already spent 52 days behind the bar and charges are yet to be framed in the case, this Court is of the considered opinion that the accused/ applicant should be released on bail.

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Therefore, it is directed that the accused/applicant shall be released on bail forthwith on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Sankardev Nagar, Hojai subject to the following condition:

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That the accused /applicant shall co-operate with the trial and make himself available as and when required by the trial court.

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In terms of the above direction, the bail application stands disposed of.

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Send back the TCRs.

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JUDGE

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Bhushan Das v. the State of Assam

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Bhushan Das v. the State of Assam

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