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2025 DAILYLAW 16258 (GAU)

MALINGA DOLEY ALIAS GOPAL DOLEY v. THE STATE OF ASSAM

AB/1716/2025 · 2025-09-15

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010158312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1716/2025 MALINGA DOLEY ALIAS GOPAL DOLEY S/O KANTA RAM DOLEY R/O VILL- AND P.O. GA DANGOR CHUK, P.S. GHILAMARA DIST. LAKHIMPUR, STATE- ASAM, PIN-787053, PHONE- 9864383578 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, ASSAM Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.09.2025 1. Heard Mr. A Baruah, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the petitioner in connection with Ghilamara P.S. Case No. 21/2025 under Sections 191(2)/126(2)/132/117(2)/118(2)/351(2)/109 of the BNS, 2023. (Corresponding to G.R. Case No. 76/2025). 3. The brief of the allegations against the accused is that Complainant ASI Sunanda Deka of Ghilamara PS lodged an FIR at this PS stating that on 02-07-2025 at about 8.30 AM one information was received over call via phone no 8011985824 from Ga-Dangor Chuk under Ghilamara PS that one male and female persons were attacked by villagers of Ga-Dangor Chuk and were in intention to kill both the persons. Accordingly as per direction of OC Ghilamara, a GD entry was made and ASI Sunanda Deka along with PS Staff comprising of HG Rahul Pegu, WLNK(UB) Nabanita Chetia, 13th APBN LNK-722 Ranjan Baruah, 13th APBN-LNK 785 Amulya Gohain and LNK(UB) Debananda Pegu proceed to the PO at Ga-Dangor Chuk by Govt vehicle B/R No AS- 30-9185. After reaching the PO it was learned that one male and female persons were attacked by sharp weapons by villagers of Ga- Dangor Chuk. Somehow police personnel were able to manage to save both the injured persons and took them in the Govt. vehicle. But at the same time FIR alleged persons namely 1. Sri Mohan Doley (who himself said a Member of Nagarik Committee) 2. Sri Malinga Doley (Member of Dhakuakhana district TMPK) stopped the PS Staff and said that they want to solve the matter in their own terms and will not accept the fact of taking both the injured persons to Ghilamara Police Station and threatened the police staff to stop taking them from the PO. The FIR alleged persons were namely 1. Mohan Doley, S/o: Lt. Pepu Doley, 2. Malinga Doley, S/o: Kanturam Doley, 3. Banikanta Patir, S/o: Madhuram Page No.# 3/4 Patir, 4. Ramen Patir, S/o: Guneswar Patir, 5. Harikrishna Doley @RK, S/o: Kamison Doley, 6. Jinior Patir, S/o: Debaram Patir, Abe/Doley, S/o: Lili Doley, 8. Smti Senimai Patir, W/o: Kaneswar Patir, 9. Smti kata Doley, S/o: Mohan Singh Doley, 12. Priyo Nath Doley, S/o: Lt. Mahendra Doley, W/o: Khagen Doley, 10. Ramcharan Patir, S/o: Bismoi Patir, 11. Bhadra Doley. All are Residents of Ga-Dangor Chuk village, PS: Ghilamara, Dist Lakhimpur, Assam. In the meantime, when police tried to return from the PO along with both the victims, all the FIR alleged persons threatened to kill both the victims. Hence, while taking both the victims from the PO in order to save both the victims, the FIR alleged persons forcefully take down the victims from the Govt vehicle and in order to prevent this, when police personals tried to stop them, the FIR alleged persons attacked the police personals with sharp weapons preventing the police staff from doing their Govt. Duty and also snatched the rifle of 13th APBN LNK-722 Ranjan Baruah, due to which 13th APBN LNK-722 Ranjan Baruah got grievously injured and WLNK (UB) Nabanita Chetia also got injured and bleed in her right cheek and on her front teeth and cavities and are currently undergoing medical treatment. Despite that both the victims namely Sri Pronob Doley (25 years), S/o: Santuram Doley, R/o: Patrichuk, PS: Ghilamora, Dist: Lakhimpur and Smti. Nijora Doley Regan (27 years), D/o: Jalai Regan, R/o: Baliyani Kumbang Gaon, PS: Ghilamora, Dist: Lakhimpur were grevious injured. Hence, the case. 4. I have perused the Case Diary where from it appears that the present petitioner is one of the leaders of the crowd that attacked the victims and also indulging in violence against the police personnel seeking to rescue the victims and also cause injuries to the police personnel. Page No.# 4/4 5. Having regard to the serious nature of the allegations against the petitioner, I do not consider the present to be a fit case for grant of pre-arrest bail. 6. Consequently, the prayer for pre-arrest bail stands rejected and the petition stands dismissed, accordingly. 7. Send back the Case Diary. JUDGE Comparing Assistant