Ujon Chakma Vs the State of Assam

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GAHC010043722026

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2026:GAU-AS:3486

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./671/2026

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UJON CHAKMA S/O PRIYA DORSI CHAKMA

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PRESENT ADDRESS- JANAMPURI GARCHUK, P.O. AND P.S. GARCHUK, DIST.KAMRUP (M), GUWAHATI-781035 PERMANENT ADDRESS- VILL- UGUDHASURY, P.O./P.S. TLABUNG, DIST. LUNGLEI, MIZORAM-796751.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR B CHAKMA,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MRS. JUSTICE MITALI THAKURIA

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O R D E R

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Date : 10.03.2026.

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Heard Mr. B. Chakma, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P., Assam for the State respondent.

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This is an application under Section 483 of BNSS, praying for grant of bail

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to the accused/petitioner, namely, Ujon Chakma, who has been arrested on 03.02.2026, in connection with the Chandmari P.S. Case No. 16/2026, under Sections 118(2)/351(2)/3(5) of the BNS, 2023.

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The case diary has already been received in connection with Bail Application No.585/2026 and perused the same.

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It is submitted by Mr. Chakma, the learned counsel that the present accused petitioner is innocent and has not committed any such offence as alleged in the FIR. He does not even know Anupam Boro who is stated to be the victim of the case. However it is a fact that the accused petitioner had a fight with one Suraj Chakma on issue of a girl but thereafter, someone had reported the police and police came and took the present accused petitioner along with one Rahul Gurung on the night of 31.01.2026 but thereafter at about 1:30 a.m. on 01.02.2026, they were released from the police station, asking them to appear as and when required. But on 02.02.2026, at about 6:30 p.m., police came to their place and arrested the present accused petitioner. The learned counsel further submitted that the accused petitioner has no connection with the victim Anupam Boro and he had only fight with said Suraj Chakma and had no other enimity with said Anupam Boro. However, it is submitted that the accused petitioner is in the custody since last 36 days and considering his length of detention, he may be released on bail.

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Mr. Das, the learned Addl. P.P., Assam raised objection and submitted in this regard that there are sufficient incriminating materials against the accused petitioner also, who initially a fight with one Suraj Chakma but when the victim Anupam Boro came and tried to stop the quarrel, the accused petitioner along

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with some other co-accused assaulted the victim for which he sustained grievous injuries on his person. Mr. Das further submitted that the present accused petitioner hails from Mizoram and hence, the probability of absconding also cannot be denied at 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 present accused petitioner 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 Mizoram 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, Ujon Chakma 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,

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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

Ujon Chakma v. the State of Assam

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Ujon Chakma v. the State of Assam

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