Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 26 June, 2025
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010078342025
2025:GAU-AS:8723
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1144/2025
GUNA @ GUNARAM DAIMARI @ GUNARAM DAIMARY
S/O LT. PUARAM DAIMARI
R/O DAIFAM KHUTI, PIN-788720
P.S. ROUTA
DIST. UDALGURI (BTAD), ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A DUTTA,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 26.06.2025
Heard Mr. A. Dutta, learned counsel for the petitioner as well as Mr.
P.S. Lahkar, learned APP appearing for the State.
2. The petitioner, who is in custody since 06.12.2023, in connection with
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Special (N) Case No. 07/2024, arising out of G.R. Case No. 429/2023 under
section 20(C) /29 of the NDPS Act, which is pending for disposal before the
Court of learned Special Judge, Darrang, Mangladai, has prayed for bail under
section 483 of the BNSS.
3. The learned counsel for the petitioner has submitted that the
petitioner was arrested in connection with Mazbat P.S. Case No. 70/2023 under
section 20(b)(ii)(C) /29 of the NDPS Act and the petitioner was shown arrest in
connection with Special (N) Case No. 07/2024.
4. The learned counsel for the petitioner has further submitted that the
ground of arrest was not served on the petitioner and therefore, he has become
entitled to bail due to non-compliance of provisions of Section 47 of the BNSS.
5. The learned APP has opposed the prayer for bail on the ground that as
per order of the learned Special Judge, Darrang, Mangaldai in connection with
Special (N) Case No. 07/2024, there is an order of shown arrest of the
petitioner, who was already in custody in Mazbat P.S. Case No. 70/2023.
Accordingly, it is submitted that once a custody warrant has been issued, the
petitioner is informed of the reasons of his arrest and therefore, no further
requirement of issuance or to serve further grounds of arrest. Accordingly, the
prayer made for bail is objected to by the learned APP.
6. This Court by an order dated 24.06.2025, had called for a scanned
copy of the custody warrant, if any issued by the learned Special Judge,
Darrang, Mangaldai, in respect of the petitioner, pursuant to order dated
06.12.2023, passed in Sipajhar P.S. Case No. 101/2023. Upon requisition being
sent, the learned Special Judge (In-Charge), Darrang, Mangaldai vide a
communication dated 25.06.2025 sent through e-mail which has been placed
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before this Court, on search of the record, no such custody warrant was found
and accordingly, it is submitted by the learned Special Judge that it appears that
no such warrant was issued against the petitioner/ accused.
7. As the petitioner was not found to have been served with the copy of
warrant and /or custody warrant for being shown arrest vide order dated
06.12.2023 in connection with Special (N) Case No. 07/2024, arising out of G.R.
Case No.429/2023 while he was in custody in connection with Mazbat P.S. Case
No. 70/2023, the Court is of the considered opinion that the petitioner was not
served with the ground of showing him arrest in connection with Special (N)
Case No. 07/2024.
8. Accordingly, the Court is of the considered opinion that the petitioner
has become entitled to bail in view of the decision of Supreme Court of India in
the decision of Vihaan Kumar v. The State of Haryana & Anr., 2025 3 SCC
OnLine SC 269.
9. Although, the learned APP has submitted by referring to the judgment
of the Supreme Court of India in the case of Kasireddy Upender Reddy v. State
of Andhra Pradesh & Ors., 2025 0 Supreme(SC) 905, that if a person arrested is
on the basis of warrant, the reasons of arrest need not to be separately served.
However, the ratio of the case of Kasireddy Upender Reddy (supra) would apply
only if warrant of arrest was issued. However, in view of the report sent by the
learned Special Judge (In-Charge), Darrang, Mangaldai, there is no record of
custody warrant in record, the Court is inclined to release the petitioner namely,
Guna@ Gunaram Daimari @Gunaram Daimary, on bail on furnishing a bail bond
of Rs.1,50,000/- with two sureties of like amount to the satisfaction of the
learned Special Judge, Darrang, Mangaldai. It is provided that out of two
sureties, one should offer as security his/ her immovable property having
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sufficient value to cover the bail amount.
10. The bail is granted on the following conditions:
i. The petitioner would appear before the said learned Court
on each and every date of trial and that on such dates where his
absence is inevitable, he would ensure that he is duly represented by
his learned counsel duly instructed to cross-examine any witness that
may present in Court and to ensure that no adjournment shall be taken
by the petitioner merely because of his absence or inability to attend
the Court.
ii. 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 tamper with the evidence. He shall not, in any manner, try to
overawe or influence or intimidate the prosecution witness.
iii. The petitioner shall not obstruct the smooth progress of
the trial.
iv. The petitioner shall not misuse his liberty in any manner.
v. The petitioner shall appear before the I/O within 10 (ten)
days from today and he shall continue to appear once a month till his
appearance is dispensed with or charge-sheet is filed, whichever is
earlier.
vi. In the event the petitioner is absent on call on any dates
fixed for trial, or if he attempts to meet the complainant or his any
other family member, or threaten them or otherwise attempt to
influence them, it would be open to the Special Judge, Darrang,
Mangladai to cancel this bail order and to issue a warrant of arrest to
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secure the presence of the petitioner for further trial.
11. It is made clear that on the default in appearance of the petitioner
before the learned trial Court, this order of bail shall stands lapsed due to
default and would be deemed to stand rescinded forthwith on such default so as
to enable the learned Special Judge, Darrang, Mangladai to issue a warrant of
arrest.
12. The bail application is allowed and disposed of.
JUDGE
Comparing Assistant
