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2025 DAILYLAW 19729 (GAU)

PINAK ROY AND ANR v. THE STATE OF ASSAM

Bail Appln./3163/2025 · 2025-09-23

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010216232025 2025:GAU-AS:13185 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3163/2025 PINAK ROY AND ANR S/O LATE RINKU ROY RESIDENT OF WATER WORKS ROAD, WARD NO. 6, P.S. SILCHAR, DIST. CACHAR, ASSAM 2: IRFAN KHAN SON OF BABUL KHAN RESIDENT OF WATER WORKS ROAD WARD NO. 8 P.S. SILCHAR DIST. CACHAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 Heard Mr. S. C. Biswas, learned counsel for the petitioners and Ms. N. Das, Page No.# 2/3 learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioners, viz., Pinak Roy and Irfan Khan have prayed for bail in connection with Silchar Police Station Case No.767/2025 registered under Sections 303(2)/317(2)/317(4)/112(2) of the BNS, 2023. The F.I.R. dated 29.07.2025 reveals that on a reliable information about theft being committed the police personnel visited the house of one suspected person viz., Biswanath Nunia and on search being made in his house various articles were recovered and after interrogation of the said person the names of the petitioners were revealed by said Biswanath Nunia. The police personnel on being informed that the petitioners are also involved in stealing of articles visited their place and on search being made recovered two numbers of mobile handsets from their possession. Mr. Biswas, learned counsel for the petitioners submits that the names of the petitioners were revealed by the main accused person i.e. Sri Biswanath Nunia and that only two mobile handsets were allegedly found from the house of the petitioners which, however, according to him, was not linked with any stolen articles. Ms. N. Das, learned Addl. P.P. for the State, however, submits that stolen articles were recovered not only from the main accused person but also from the petitioners and as such, has prayed that the TCR may be called from the concerned court. Page No.# 3/3 I have heard the learned counsel for the parties and have gone through the records. It is noticed that on completion of investigation the police have submitted charge sheet on 31.07.2025 and the stage of the present case is that summons were issued to the petitioners. Since the petitioners were named by the co- accused and considering their length of incarceration, this Court deems it fit that the petitioners may be released on bail on furnishing of a bail bond of Rs.20,000/- each with one local surety each of the like amount to satisfaction of the learned Chief Judicial Magistrate, Cachar, Silchar under the following conditions :- (1) That the petitioners shall cooperate with the trial of the case and shall appear before the Trial Court as and when called for. (2) That the petitioners shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioners shall not leave the jurisdiction of the Trial Court without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant