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2025 DAILYLAW 10308 (GAU)

KARAN SINGH AND 2 ORS. v. THE STATE OF ASSAM

AB/790/2025 · 2025-04-09

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010070892025 2025:GAU-AS:4556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/790/2025 KARAN SINGH AND 2 ORS. S/O LATE JINDER SINGH, PERMANENT RESIDENT OF MARAKHALI PUNJABI COLONY, ISLAMPUR ROAD, GUWAHATI - 781007, P.S. PALTANBAZAR, P.O.- ULUBARI, DISTRICT - KAMRUP(M) 2: JASPAL SINGH S/O SURJEET SINGH PERMANENT RESIDENT OF MARAKHALI PUNJABI COLONY ISLAMPUR ROAD GUWAHATI - 781007 P.S. PALTANBAZAR P.O. - ULUBARI DISTRICT - KAMRUP(M) 3: RAJVEER SINGH S/O SANJAY SINGH PERMANENT RESIDENT OF MARAKHALI PUNJABI COLONY ISLAMPUR ROAD GUWAHATI - 781007 P.S. PALTANBAZAR P.O. ULUBARI DISTRICT - KAMRUP(M VERSUS THE STATE OF ASSAM REP. BY THE LD. PP,ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MR. A BHATTACHARJEE Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Mr. S. Paul for the petitioner Nos. 1. Karan Singh, 2. Jaspal Singh and 3. Rajveer Singh, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Paltanbazar Police Station Case No. 575/2022 under Sections 143/333/294/427/392 of Indian Penal Code, 1860. 2. Heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners. 3. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. 4. It is submitted on behalf of petitioner No. 2 Jaspal Singh and petitioner No. 3. Rajveer Singh that they are the drivers of Gauhati Municipal Corporation and, if they are forwarded to custody, they may be terminated from their employment. It is submitted that the petitioner No. 1 Karan Singh was the one whose bachelorette party was organized on the relevant day. 5. Learned Additional Public Prosecutor has raised serious objection that the victim is a police personnel and on being attacked by the petitioners and his associates, the victim has sustained grievous injury on his ear. Page No.# 3/3 6. I have also scrutinized the medico-legal report. 7. Considering all aspects, petition with prayer for pre-arrest bail of petitioner No. 1 Karan Singh is rejected at this juncture. 8. In the event of arrest of petitioner Nos. 2 Jaspal Singh and 3. Rajveer Singh, they shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned arresting authority under the conditions that:- (i) the petitioner Nos. 2 and 3 shall refrain from such activities with which they are alleged, (ii) the petitioner Nos. 2 and 3 shall appear before the Investigating Officer within one week and cooperate with the investigation and, (iii) the petitioner Nos. 2 and 3 shall appear before the Investigating Officer on every fortnight till completion of investigation. 9. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner Nos. 2 and 3 shall automatically stand cancelled. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant