Bail Appln./2235/2026 of UTTAM CHAUHAN ALIAS UTTAM KUMAR CHAUHAN Vs THE STATE OF ASSAM on 11 August 2026

ORDER

Date : 12.08.2026

Heard Mr. R. Bora, Ahmed, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State.

2. By this petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Uttam Chauhan @ Uttan Kumar Chauhan, praying for grant of bail in connection with PRC Case No. 28/2026 under Section 61(2)/103(1) of BNS, pending in the court learned CJM, West Karbi Anglong at Hamren. The aforesaid PRC case arose out of Kheroni P.S. Case No. 31/2025, which was charge sheeted against several accused persons, including the present petitioner.

3. Drawing attention to the order dated 17.09.2025 passed by this Court in AB/1901/2025, it is submitted that this Court was pleased to grant pre-arrest bail to the petitioner in the aforementioned Kheroni P.S. Case No. 31/2025 with conditions which he has complied with. It is further submitted again by drawing attention to the annexed order in this regard that the petitioner also got arrested in connection with Manja P.S. Case No. 02/2026 u/s 21(C)/25/29 of NDPS Act and he was granted bail in that case by a coordinate Bench of this Court vide order dated 22.07.2026 in BA/1663/2026. It is submitted that pursuant thereof, the petitioner submitted bail bonds before the learned trial court, which were accepted and release order also issued. However, in the meantime, as the petitioner was earlier in custody in connection with Manja P.S. Case No. 02/2026, the court of the learned CJM, West Karbi Anglong vide order dated 23.06.2026 issued production warrant. Subsequently, on 21.07.2026, custody warrant was issued with regard to the petitioner. In this backdrop, the instant bail petition has been filed.

4. The learned Additional Public Prosecutor submits that as the petitioner has already under the cover of an order of anticipatory bail granted by this Court, therefore, perhaps the instant bail application would not be maintainable and that the production warrant came to be issued by the learned court below only because at that time he was in custody in connection with Manja P.S. Case No. 02/2026.

5. In view of the fact that subsequently the petitioner secured bail in connection with Manja P.S. Case No. 02/2026 and also a release order was stated to have been issued upon acceptance of his bail bond – therefore, the basis for issuance of the custody warrant no longer exists.

6. Hence, the instant bail petition is disposed of with the following observation – an application shall be filed on behalf of the petitioner before the court of the learned CJM, West Karbi Anglong in the instant case, seeking recall of the production warrant order in the context of his securing bail, along with a copy of orders regarding bail, acceptance of bail bond and release order. Thereupon, the learned trial court may be pleased to consider recalling the production warrant and the petitioner will be at liberty to produce the said order, if any, passed by the learned CJM, West Karbi Anglong in this case before the jail authority for his release.

7. Needless to say that upon such release, the petitioner shall appears before the learned court below in the instant case as and when called for.

JUDGE Comparing Assistant