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2025 Supreme(Online)(GAU) 1028

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
MR. JUSTICE MRIDUL KUMAR KALITA, J
Davidlal Potsangbam S/o Son of Potsangbam Lakshmikanta Singh


Advocates appeared:
For the Petitioner: M G Singh,
For the Respondent: P P of AP,

ORDER

Heard Mr. M. G. Singh, learned counsel for the accused. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State.

2. This application under Section 483 (1) read with Section 187(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) has been filed by the applicant for the accused, namely, Shri I. K. Soibam, praying for default bail in connection with Itanagar P. S. Case No. 183/2024, registered under Sections 61(2)/ 318(4)/ 336(2)/ 336(3)/ 340(1)/ 340(2)/ 341(1)/ 341(2)/ 339 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The accused has been detained behind the bars since 25.11.2024 [for last 64 (Sixty-Four) days].

3. The learned counsel for the accused has submitted that the accused was arrested in connection with the Itanagar Police Station Case No. 183/2024 on 25.11.2024 and on 28.01.2025, a bail application was moved on his behalf seeking default bail. The learned counsel for the accused has submitted that though apart from Section 341(1) of BNSS , 2023, for all other offences involved, the punishment is less than 10 (ten) years and therefore, the statutory period for which the accused could have been detained behind the bars is 60 (sixty) days only.

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