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BUDI HABUNG
Nayandeep Deka Baruah @ Nayandeep Sonowal, S/o. Late Budheswar Sonowal – Appellant
Versus
State of A. P. , Represented by the PP of A. P. – Respondent
ORDER :
Budi Habung, J.
Heard Mr. N. Barman, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the accused petitioner, namely, Shri Nayandeep Deka Baruah @ Nayandeep Sonowal, who has been arrested in connection with BSA P.S. Case No. 14/2024 under Section 21(b) of NDPS Act, 1985.
3. The case of the petitioner is that on the basis of the FIR lodged by one ASI Minjom Yomcha on 31.08.2024, the above P.S Case was registered and the accused was arrested on the same day on 31.08.2024 and since then, the accused petitioner has been languishing inside the custody for about 67 days.
4. The learned counsel for the petitioner submits that even after expiry of 67 days from the date of his arrest, the I.O. of the case has failed to file the case into charge sheet, under the circumstance, the petitioner is entitle to be considered for his release on default bail. However, as per the Section 187 3(i) of the BNSS, it is provided that, 90 days where the investigation relates to offence for punishment of imprisonment for life a
The statutory period for default bail under the BNSS is 90 days for serious offences, and bail was denied due to ongoing investigation and serious allegations.
Accused entitled to default bail after 180 days of custody without chargesheet, enforceable despite pending applications.
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