ORDER

Date : 21-10-2021 Heard Mr. U.K. Das, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional P.P. for the State.

This bail application under Section 439 Cr.P.C. is preferred by accused Sri Samarsingh Basumatary@ Mondey @ Hakhlang, who is languishing in jail in connection with Gobardhana P.S. No. 150/2021, under Sections 120(B)/397 I.P.C. read with Section 25 (1A) of Arms Act.

Mr. U.K. Das, the learned counsel for the petitioner has submitted that the accused Samarsingh Basumatary was arrested on 06-08-2021 and since then he has been languishing in jail hazot. It is further submitted that the accused is behind the bar for the last 65 days and as such, he has already completed the mandatory period of detention, and as such, he is entitled to default bail in view of judgment of Hon’ble Supreme Court in Rakesh Kumar Paul Vs. State of Assam reported in (2017) 15 SCC 67. Therefore, it is prayed for enlarging him on default bail.

On the other hand, Mr. BB Gogoi, the learned Additional P.P. has submitted that though, the case has been fixed today for production of the case diary, the same is yet not received. Therefore, it is contended to give another chance to t