Rahul Gurung Vs the State of Assam

This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Rahul Gurung, who has been arrested on 03.02.2026, in connection with the Chandmari P.S. Case No. 16/2026, under

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Sections 118(2)/351(2)/3(5) of the BNS, 2023.

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The case diary has already been received and perused the same.

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It is submitted by Ms. Yesmin, the learned counsel that the present accused petitioner is innocent and he has not committed any such offence as alleged in the FIR. It is a fact that there was a quarrel between one Suraj Chakma with one Ujon Chakma for a girl but this petitioner has no role in the said fight. She further submitted that she has obtained a certified copy of the injury report of the victim Anupam Boro wherefrom it is seen that it was an road traffic accident which had occurred on 31.01.2026, at bout 9:30 p.m. She further stated that the accused petitioner is in the custody since last 36 days and hence, considering his length of detention also, the accused petitioner may be released on bail. The accused petitioner is a permanent resident of the addressed locality and will extend his cooperation as and when it will be required.

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Mr. Das, the learned Addl. P.P., Assam raised objection and submitted in this regard that the present petitioner was very much involved in the alleged offence and at the place of occurrence, the present accused petitioner was also present along with others. However, the learned Addl. P.P., Assam submitted that initially a fight took place between one of the co-accused, namely, Ujen Chakma with one Suraj Chakma for a girl but when the victim Anupam Boro came and tried to stop the quarrel, the present petitioner along with some others assaulted the victim for which he sustained grievous injuries on his person. Mr. Das further submitted that the present accused petitioner hails from Meghalaya and hence, the probability of absconding also cannot be denied at

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this stage. Accordingly, Mr. Das raised objection in allowing the present accused petitioner to go on bail at this stage.

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Hearing the submissions made by the learned counsels for both sides, I have also perused the case diary wherefrom it is found that the victim sustained grievous injuries on his person due to attack by the accused persons. However, it is a fact that the present accused petitioner had no enimity with said Anupam Boro who only came to stop the quarrel between the accused Ujen Chakma along with one Suraj Chakma. But at the same time, it is also seen that the accused petitioner is in the custody since last 36 days and hence, without going further detail into the merit of the case, I find that the I.O. got sufficient opportunity to interrogate the present accused petitioner keeping him in custody. But from the submission made by the learned Addl. P.P., Assam, it is also seen that the accused petitioner is a permanent resident of the State of Meghalaya and hence, some strict conditions of bail has to be given so that his attendance may be procured during the investigation as well as trial of the case.

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Accordingly, it is provided that on furnishing a bond of Rs. 50,000/(Rupees fifty thousand) only with 2 (two) sureties of like amount, one surety has to be a Government servant, to the satisfaction of the learned CJM, Kamrup (M) at Guwahati, the accused petitioner, namely, Rahul Gurung be enlarged on bail, subject to the following conditions:

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(i) 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 the Court or to any police officer;

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(ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) at Guwahati, without prior permission, and

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(iii) that the petitioner shall submit the copy of his Aadhar Card and PAN Card before the learned CJM, Kamrup (M) at Guwahati.

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In terms of above, this bail application stands allowed and disposed

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JUDGE

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Comparing Assistant

Rahul Gurung v. the State of Assam

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Rahul Gurung v. the State of Assam

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