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2025 DAILYLAW 14029 (GAU)

NIRANJAN RABHA v. THE STATE OF ASSAM

Bail Appln./2144/2025 · 2025-08-03

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010125062025 2025:GAU-AS:10095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2144/2025 NIRANJAN RABHA S/O LT. LANKESWAR RABHA VILL- TOKANKATA P.O. TINGLA, P.S. KALAIGAON, DIST. UDALGURI, BTR, ASSAM PIN-784521. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,R DEB,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 04-08-2025 Heard Mr. S. Chauhan, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application u/s 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting bail to the petitioner who is in jail since 09.11.2024 in connection with Sessions Case (Type I) No. 6/2025 u/s 103 of BNS pending in the Court of Addl. District & Sessions Judge, Udalguri for trial. 3. It is submitted by Mr. Chauhan, the learned counsel for the petitioner that the present petitioner is innocent and has not committed any such offence as alleged in the FIR. The accused/petitioner is in custody since last 09.11.2024 and till date two witnesses have already been examined by the prosecution. The petitioner being permanent resident of the said locality, there is no question of absconding and will appear before the learned Trial Court below on each and every date to be fixed, if he is granted with the privilege of regular bail. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted that out of 8 witnesses 2 witnesses have been examined as on date and the petitioner also confessed before some of the witnesses who are yet to be examined. Further, it is submitted that there may be chance of hampering or tampering of the eye- witnesses, if he is allowed to go on bail at the same time the probability of absconding also cannot be denied. Mr. Sharma accordingly raised objection and submitted that the prayer for bail cannot be considered at this stage. 5. Hearing the submission made by learned counsel for the petitioner and also perused the scanned copy of the case record and it is admitted that only two witnesses have been examined by prosecution till date out of 8 witnesses and admittedly some of the vital witnesses are to be examined by the prosecution. 6. Considering all aspects of the case, gravity of the offence and the nature of the offence where the petitioner being the son had allegedly killed his father, the present petition stands rejected at this stage. Page No.# 3/3 7. With the above observation, this bail application stands disposed of. JUDGE Comparing Assistant