ORDER

10.01.2023.

Heard Mr. A. Tewari, learned counsel for the accused. Also heard Mr. BB Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Bivekananda Taid, who is languishing in jail hazot for last 33 days, since 08.12.2022, in connection with the Basistha P.S. Case No.1042/2022, under Sections 25(IA)/27(1) of the Arms Act, read with Section

341/506 of the IPC, for granting bail.

The above mentioned case has been registered on the basis of an F.I.R., lodged by one Smti Reena Lahkar Sarma, on 08.12.2022, to the effect that on that day at about 12:00 P.M., while she meet one Taid and asked him to repair the road which was got damaged in front of his house, then Taid took out a gun and chased her and then she ran away and reported the matter to one Mamoni and then her husband asked the accused to show him and then, the accused threatened to shoot him within two days and then he fired bullet from the said gun, from the top of his building.

Mr. Tewari, learned counsel for the accused submits that the accused is behind the bar for last 33 days and that the gun has