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2025 DAILYLAW 17256 (GAU)

TONMOY DUTTA AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./2540/2025 · 2025-08-26

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010175302025 2025:GAU-AS:11435 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2540/2025 TONMOY DUTTA AND 2 ORS. S/O MR. JAGADISH CH. DUTTA R/O PRAGATI NAGAR, BYLANE NO. 5, HOUSE NO. 13, P.S. SATGAON DIST. KAMRUP (M), ASSAM 2: MS. ADITI GOGOI D/O MR. BHIMA GOGOI R/O KHANIKAR GAON SARUPATHAR P.S. SARUPATHAR DIST. GOLAGHAT ASSAM MOBILE NO. 6002409648 3: MR. HRISIKESH BAISHYA SON OF LT. AKAN BAISHYA RESIDENT OF KALPA BHATTA CHOWK HOUSE NO. 18 P.S. NOONMATI KAMRUP (M) ASSAM PHONE NO. 863833205 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K SHARMA, MR R KASHYAP Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025 Heard Mr. A.K. Sharma, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, 1. Tonmoy Dutta 2. Ms. Aditi Gogoi and 3. Hrisikesh Baishya, seeking bail in connection with Satgaon P.S Case No. 139/2025 under Sections 296 /121(1) / 132 /115(2) /221 /109(1) /351(2) /3(5) of BNS, 2023. 3. The allegation in brief is that the several persons including the present accused petitioners allegedly under the influence of alcohol, hurled abuses and assaulted on-duty police personnel and in the process causing injuries to the people present there and also creating a law and order disturbances in the area at midnight. 4. It is submitted by the learned counsel for the petitioners that the petitioners are young people who acted rashly under the influence of alcohol but no serious injury was caused to anyone Having regard to their young age, further detention is not called for. 5. Mr. B. Sarma, learned Addl. Public Prosecutor however opposes the prayer for bail on the ground that one of the victims sustained injuries requiring several stitches on his head. However, medical report Page No.# 3/3 is not available as of now. 6. Upon perusal of the CD, it appears that the investigation of the case is almost complete as the statements of most of the witnesses have already been recorded and the case is pending for further investigation and collection of medical report since 07.08.2025. 7. Considering the nature of the allegations, the stage of investigation and period of detention of 28 days undergone by the accused/petitioners and also the fact that one of the co-accused have already been released on interim bail by order dated 19.08.2025 in this case, the prayer for bail for the person accused is allowed. 8. Accordingly, the prayer of the bail is allowed. 9. The accused abovenamed shall be released on bail of Rs. 25,000/- with 1 local surety of the like amount in connection with the aforesaid case to the satisfaction of learned CJM, Kamrup (Metro), subject to the condition that the accused persons shall not try to influence the witnesses or interfere with the investigation in the matter. Further, the order of interim bail granted to accused namely, Ms. Aditi Gogoi by order dated 19.08.2025 is hereby made absolute on the same grounds and conditions. 10. Send back the CD. 11. The Bail Application stands accordingly disposed off. JUDGE Comparing Assistant