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2025 DAILYLAW 17089 (GAU)

RAKESH NAG v. THE STATE OF ASSAM

Bail Appln./2491/2025 · 2025-08-11

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010171802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2491/2025 RAKESH NAG SON OF SRI ARUN KUMAR NAG, RESIDENT OF WARD NO. 5, KAZIPARA, P.S. CHAPOR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA, S BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 12.08.2025 Heard Mr. R. Bora, learned counsel for the petitioner. Also heard Mr. R.J. Barua, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Page No.# 2/3 Sanhita, 2023, the accused petitioner namely, Rakesh Nag, has prayed for bail in connection with Golaghat P.S. Case No. 138/2025, registered under Section 331(4)/305 of BNS, 2023. 3. The FIR was lodged on 20.07.2025 with regard to theft at one Anisha wine shop, Golaghat, whereby the miscreants broke open and stole bottles of liquor and cash amounting to Rs.76,000/-. None were named in the ejahar initially. However, during investigation the present petitioner was arrested along with two co-accused. 4. The learned counsel for the petitioner submits that the petitioner has been detained in custody since 29.07.2025. It is also submitted by referring two orders of learned court below that the police did not seek police remand of the present petitioner and one co-accused Rajesh Das against whom allegation were much more grave, was enlarged on bail by the learned trial court. 5. Learned Additional Public Prosecutor submits that the case diary has been received and submits that 136 numbers of cartoons of liquors were seized from the liquor shop of the present petitioner and that he is also beneficiary and participant in the crime being done by group of persons. 6. The investigation materials including forwarding report pursuant to the initial investigation state that, after investigation into the case, the police found involvement of organized racket of persons who commit theft in liquor shops and thereafter, the liquors are given to other people who sell it at higher prices. The present accused is stated to be such beneficiary and he has also three liquor shops and investigation materials indicate that he received those stolen liquor bottles and sell it in the open market at high prices. Page No.# 3/3 7. On the basis of the materials with regard to the present petitioner available in the case diary, the learned Additional Public Prosecutor submits that investigation is still in progress as such, he has opposed in granting bail to the petitioner at this stage. 8. I have considered the submissions of the learned counsels for both sides. I have also perused the case diary. 9. Considering the nature of the alleged offence projected by investigation so far, I am of the considered view that this is not a fit case to grant bail to the petitioner at this stage. Accordingly, prayer for bail is rejected. 10. The bail application stands disposed of. 11. Send back the case diary. JUDGE Comparing Assistant