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2025 DAILYLAW 14260 (GAU)

CHANDAN PRADHANI AND 5 ORS v. THE STATE OF ASSAM

Bail Appln./1972/2025 · 2025-06-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/4 GAHC010128772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1972/2025 CHANDAN PRADHANI AND 5 ORS SON OF LANKESWAR PRADHANI R/O VILL- SATBIL PART-I, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM 2: SANJAY BARMAN S/O JAYANDRA BARMAN R/O VILL- SATBIL PART-I P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM 3: PRANJIT BARMAN S/O LAL MOHAN BARMAN R/O VILL- SATBIL PART-I P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM 4: AMOL CH. DAS S/O ANANTA DAS R/O VILL- BARUAPARA PART-I P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM 5: AMULLYA BARMAN S/O LAL MOHAN BARMAN R/O VILL- SATBIL PART-I P.S. GOSSAIGOAN Page No.# 2/4 DIST. KOKRAJHAR ASSAM 6: ARJUN THAKUR S/O RAM PRAKASH THAKUR R/O VILL- BARUAPARA NO.2 P.S. GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MS P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.06.2025 1. Heard Mr. K. Boruah learned counsel for the petitioners namely, (i) Chandan Pradhani, (ii) Sanjay Barman, (iii) Pranjit Barman, (iv) Amol Ch Das, (v) Amullya Barman, and (vi) Arjun Thakur. 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 05.06.2025 in connection with Gossaigaon Police Station Case No. 72/2025 under Sections 189(2)/117(4)/118(2)/109 of the BNS. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for Page No.# 3/4 the respondent State. 4. The allegation against the petitioners is that on 04.06.2025 at about 7 p.m., on a group clash, they mercilessly assaulted Karim Ali who had to be shifted to Barpeta Medical and College for advanced treatment as the victim was fighting with death and was bleeding through his eyes and mouth. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. The witnesses have implicated the petitioners. 6. It is submitted on behalf of the petitioners that there was indeed a group clash and both the parties have sustained injuries. 7. I have scrutinized the Case Diary. I have also scrutinized the medico-legal report. Although the victim has sustained fracture on his face yet the opinion of the doctor was that the injuries were simple in nature caused by fist. It appears that bail may be granted to the petitioners. 8. I have considered the submission that the petitioners are willing to co- operate with the remaining part of investigation and to abide by any stringent bail conditions. 9. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the learned SDJM, (M), Gossaigaon under the conditions that: (i) The petitioners shall refrain from such activities with which they are alleged, (ii) The petitioners shall appear before the Page No.# 4/4 Investigating Officer every fortnight till completion of investigation, and (iii) The petitioners shall not exercise threats to the witnesses or the victim. 10. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioners. 11. This application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant