Gopal Upadhyay v. The State of Assam

ORDER Date : 11.09.2024

Heard Mr. B. Chowdhury, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for Page No.# 2/2 granting regular bail in respect of Tamulpur P.S. Case No.159/2024 (corresponding to G.R. Case No.561/2024) under Section 108 of the BNS, 2023.

¶3Mr. Chowdhury has submitted that today is the 62nd day of detention and therefore, the petitioner is entitled to default bail.

¶4On instructions Mr. Sarma submits that, in this case, no charge sheet has been filed, as yet.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6The petitioner is entitled to default bail.

¶7Therefore, the petitioner Sri. Gopal Upadhyay who was arrested in connection with Tamulpur P.S. Case No.159/2024 (corresponding to G.R. Case No.561/2024) under Section 108 of the BNSS, 2023, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Mushalpur, Baksa. With the above direction, the bail application is disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010180902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2666/2024 GOPAL UPADHYAY S/O SRI NANDA LAL UPADHYAYA R/O VILL- NUTAN HOWLY P.S. TAMULPUR DIST. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA