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2025 DAILYLAW 17379 (GAU)

PRASANTA GOGOI v. THE STATE OF ASSAM

Bail Appln./2555/2025 · 2025-08-20

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010176122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2555/2025 PRASANTA GOGOI S/O- UTTAM CH. GOGOI, PERMANENT R/O- BURAHAZAR KONWAR GAON, P.O AND P.S- BARBARUAH, DIST- DIBRUGARH, ASSAM, PRESENTLY RESIDING AT KRISHNA ENCLAVE , FLAT NO- E-1, JANAPATH KHANAPARA, P.S- DISPUR, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MS. P BORAH, MR. K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 21.08.2025 Heard Ms. P. Borah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Prasanta Gogoi, has prayed for bail in connection with ACB Police Station Case No. 41/2025. Under Section 7(a) of Prevention of Corruption Act, 1988 and added Section 61(2)(a) of BNS, 2023. 3. The gist of the allegation is that the accused herein who is the Excise Officer demanded bribe of Rs.40,000/- on the informant who was seeking shifting of his wine shop and upon a complaint being lodged a trap was laid and he was apprehended taking the alleged bribe amount. 4. The learned counsel for the petitioner submits that the investigation authority must have got sufficient time for conducting the investigation. That, the petitioner is aged 57 years and that he has no criminal antecedent. That, in his service career, no such alleged incident ever taken place. 5. The learned Additional Public Prosecutor has produced the case diary. It has been submitted that though the investigation has progressed but same has revealed materials giving support to the allegation about offence of bribe. 6. I have perused the transcription of telephonic conversion stated to be between the informant and the accused which are prima facie implicating in nature. The learned Additional Public Prosecutor has drawn my attention to the note of the investigating officer regarding voice sample report from the FSL. 7. In the given facts and circumstances, considering the nature of the alleged offences (corruption/financial crime) and the materials revealed, I am of the considered opinion that this is not an appropriate case to grant bail to the petitioner. Accordingly, bail application stands rejected at this stage. Page No.# 3/3 8. Send back the case diary. JUDGE Comparing Assistant