Gauhati High Court
Resident Of Gorchuk Milanpara vs The State Of Assam on 30 May, 2025
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GAHC010088092025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/560/2025
NAGRA BRAHMA @ BORO
S/O SRI METRO BRAHMA
RESIDENT OF GORCHUK MILANPARA
PS GORCHUK
DIST KAMRUPM ASSAM
VERSUS
THE STATE OF ASSAM
REP BY PP ASSAM
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Advocate for : MR. K K HANDIQUE
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 30.05.2025
Heard Mr. K. K. Handique, learned counsel, appearing for the
applicant and Mr. B. Sarma, learned Additional Public Prosecutor
appearing for the state respondent.
2. This is an application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, for seeking granting of bail to the
petitioner i.e., Nagra Brahma @ Boro, who was arrested on
21.04.2025, in connection with G.R. Case No.9240/2011.
3. The brief facts of the case is that the applicant was convicted
under Section 326 of the Indian Penal Code, in connection with G.R.
Case No.9240/2011, by the Court of learned Chief Judicial Magistrate,
Kamrup (M), vide judgment & order dated 08.02.2024, and he was
sentenced to rigorous imprisonment for 1(one) year and to pay fine of
Rs.2,000/- only, and in default to undergo simple imprisonment for
another 1(one) month. Situated thus, the applicant preferred an
appeal before the Sessions Judge, Kamrup (M) vide Criminal Appeal
No.24/2024, wherein the learned appellate Court by judgment & order
dated 04.03.2025, uphold the sentence passed by the learned Chief
Judicial Magistrate's Court. Thereafter, the applicant preferred a
criminal petition before this Court i.e. Criminal Revision Petition
No.117/2025, wherein this court was pleased to issue notice and call
for records. During the pendency of the aforesaid criminal revision
petition, the applicant was arrested on 21.04.2025, by the Gorchuk
Police Station on the strength of Warrant of Arrest issued by the
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learned trial Court and accordingly, he was produced before the
learned court of Chief Judicial Magistrate, Kamrup (M), and upon
production, he was remanded to judicial custody. Since then, he has
been languishing in judicial custody. Accordingly, the present
interlocutory application has been filed seeking bail, pending
adjudication of the criminal revision petition.
4. Mr. K. K. Handique, learned counsel, appearing for the applicant,
submits that since the applicant all along during the stage of trial was
on bail and has participated in the trial without hampering the trial, he
may be released on bail pending adjudication of the criminal trial.
5. Mr. B. Sarma, learned Additional Public Prosecutor appearing for
the state respondent, submits that it appears that the applicant has
co-operated with the investigation and has also appeared before the
trial Court at all stages and has not done anything to hamper or to
threaten the witnesses during the trial. He further submits that there
are no adverse antecedents available on record against the applicant.
6. I have considered the arguments advanced by the learned
counsels for both the contending parties, and also perused the
material available on record.
7. Considering that the conviction is under Section 326 of the
Indian Penal Code, whereby the applicant was sentenced for a period
of 1(one) year and that the applicant was on bail during trial and has
faced the trial properly without hampering or tampering the witnesses
thereof, this court is of the view that pending adjudication of the
accompanying criminal revision petition, the applicant be allowed to be
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released on bail. It is accordingly provided that the applicant named
above be released on bail in connection with the aforementioned case
on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand)
only, with 1 (one) surety of like amount, to the satisfaction of the
learned Chief Judicial Magistrate, Kamrup (M).
8. Ordered accordingly.
9. The interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
