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2025 DAILYLAW 13659 (GAU)

ARMAN SHAHA @ ARMAN SAHA v. THE STATE OF ASSAM

Bail Appln./1863/2025 · 2025-06-17

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010120132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1863/2025 ARMAN SHAHA @ ARMAN SAHA S/O- RAMESH SAHA. R/O- NEAR DURGABARI, P.S.- COCHBEHAR, DIST.- COCHBEHAR, WEST BENGAL. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP ASSAM Advocate for the Petitioner : MR R A AHMED, MR B ISLAM,MR K THAKUR,MR M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.06.2025 Heard learned counsel Mr. K Thakur for the petitioner Arman Shaha @ Arman Saha who has filed this application under Section 483 of the B.N.S.S, 2023 with prayer for bail as he is behind bars since 10.05.2025 in connection with Basistha P.S Case No. 262/2025 under Section 304(2) of the B.N.S, 2023 and added Section 307 of the Page No.# 2/3 B.N.S, 2023. Heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam who has raised serious objections against the bail prayer stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner is a history-sheeter and he has been involved in similar offences. The offence is of grave nature and the chain snatched from the victim has not yet been recovered. The allegation against the petitioner is that on 07.05.2025 at about 10:30 am, while the informant, along with a colleague was walking towards Nalapara Kali mandir near M/s Balaji mark business store then two unknown miscreants riding a black coloured Pulsar Bike from back side suddenly snatched her gold chain from her neck and immediately fled the scene. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Dairy against the petitioner. However, investigation has progressed substantially. Custodial detention of the petitioner may not be required for further investigation. It is submitted on behalf of the petitioner that the petitioner is willing to co- operate with the investigation and the petitioner is a local resident. Considering all aspects, the petitioner is enlarged on bail of Rs 30,000/- with 2(two) local sureties of like amount to the satisfaction of the Ld. Chief Judicial Magistrate, Kamrup (M) under the conditions that : (1) The petitioner shall refrain from such activities with which he is alleged. (2) The petitioner shall appear before the I/O on every fortnight till completion of the investigation, and (3) The petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any the aforementioned bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. Page No.# 3/3 JUDGE Comparing Assistant