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2025 DAILYLAW 15385 (GAU)

TAPAN ROY v. THE STATE OF ASSAM

Bail Appln./2131/2025 · 2025-06-26

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010144182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2131/2025 TAPAN ROY S/O ANIL CHANDRA RAY R/O JHAPSABARI PART I PS AGOMONI DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR J ISLAM, MR J I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.06.2025 Heard Mr. T. J. Mahanta, learned Senior counsel assisted by Mr. J. Islam, learned counsel appearing for the accused petitioner as well as Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam. By filing this petition under Section 483 BNSS, the accused-petitioner, namely, Tapan Ray, has prayed for grant of bail in connection with Crime Branch PS Case No.02/2025 under Section 61(2)/147/308(2) of BNS read with Page No.# 2/3 Sections 10/13 of UA(P) Act. The FIR was lodged before the police alleging that three persons were working as over ground workers of a banned extremist organization and the said three persons were arrested by police. Subsequently, this Court allowed them to go on bail. It is submitted by learned counsel for the petitioner that only on the basis of suspicion the petitioner has been arrested on 03.05.2025 and languishing in judicial custody for last 55 days. It is further submitted that the petitioner was arrested on the ground that the petitioner might be involved in recruiting persons to work for another banned organization called ULFA(I). Mr. K. K. Parasar, learned Additional Public Prosecutor has submitted that case diary be called for. I have heard the learned counsel for both sides also perused the FIR and the forwarding report. Considering the aforesaid fact, this Court is of the view that only on the basis of suspicion the present petitioner has been arrested and further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, namely, Tapan Ray, shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with one suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati. The direction for bail is further subject to the conditions that the accused- petitioner: Page No.# 3/3 (a) shall not leave the territorial jurisdiction of the learned trial court without prior written permission from him/her till disposal of the case. The learned Chief Judicial Magistrate, Kamrup (M), Guwahati is at liberty to impose any other condition(s) as it deems fit and proper at the time of releasing the accused/petitioner on bail to procure their attendance during trial. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant