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2025 DAILYLAW 10756 (GAU)

ANKUR GOGOI AND ANR v. THE STATE OF ASSAM

Bail Appln./1166/2025 · 2025-05-13

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010078102025 2025:GAU-AS:5948 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1166/2025 ANKUR GOGOI AND ANR S/O JYOTI GOGOI R/O VILL- MORAN BAMUNBARI P.S.TINGKHONG,PIN-786613 DIST. DIBRUGARH, ASSAM 2: PARAG DIHINGIA S/O CHANDRA KANTA DIHINGIA R/OVILL-MORAN BAMUNBARI P.S.TINGKHONG PIN-786613 DIST. DIBRUGARH ASSA VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. B BORAH, MR P DEKA,MR. C BARO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 14-05-2025 Page No.# 2/3 Heard Mr. B. Borah, the learned counsel for the petitioners and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 24.03.2024 in connection with Mangaldoi P.S. Case No. 55/2025 u/s 316(2)/318(2)/3(5) of BNS Act. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Borah, the learned counsel for the petitioners that the present accused/petitioners are innocent and they are no way connected with the alleged offence. More so, they are not an FIR named accused. However, on the statement made by co-accused they got arrested in connection with the case. They were arrested on 19.03.2025 and after arrest they were also in police custody for 5 days. Presently they are in custody for 55 days and considering their length of detention also their prayer may be considered. The accused are the permanent residents of addressed locality and will provide sufficient surety and there is no chance of absconding rather they will extend their cooperation in the investigation of the case. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the present accused/petitioners are the main culprits in the case and several FIRs have been lodged against the present petitioners. They are the main persons who used to obtain the documents from the various persons including some bank documents etc. and then they obtained the vehicles and thereafter by executing notarised affidavit they sold the vehicles to other states. Page No.# 3/3 Some of the co-accused is yet to be apprehended by police and also the vehicles are recovered. However, Mr. Borthakur submitted that the case is still under investigation. 6. Considering the submissions made by learned counsel for both sides and without going into detail to the merit of the case, I find that this case is still under investigation though the present petitioners are in custody since last 55 days. So only considering the length of detention undergone by the present petitioners, I find it a fit case to enlarge the accused/petitioners on bail. 7. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Darrang, Mangaldoi. The accused/petitioners, namely [1] Ankur Gogoi and [2] Parag Dihingia, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned CJM, Darrang, Mangaldoi without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant