Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24502 (GAU)

RAMBABU RAY v. THE STATE OF ASSAM

Bail Appln./3652/2025 · 2025-12-01

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010250282025 2025:GAU-AS:16501 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3652/2025 RAMBABU RAY SON OF LATE PABITRA RAY R/O 6 NO. GATE, BAMUNIMAIDAM, P.S. CHANDMARI, GUWAHATI, DIST. KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.12.2025 1. Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This is an application under 483 of the BNSS, 2023 for granting bail to the accused/petitioner, namely; Rambabu Ray, who has been arrested on 22.10.2025 in connection with Chandmari Police Station Case No. 255/2025, under Section 126(2)/109/118(2)/305(a)/324(4)/3(5) of BNS, 2023. 3. On 20/10/2025, complainant Kalam Malik, S/o-Lt. Taleb Ali, R/0-6 No. Gate, Bamunimaidam, PS-Chandmari, Dist-Kamrup (M) filed a complaint in the PS stating that they own Bhai Bhai store and Maa Store at Bamunimaidam 6 No. Gate, so at about 7:30 PM of the same day one person named Bijay Ray of the same locality went away from their shop with a bag of rice weighing 26kg, without paying any money. On that the brother of the complainant namely Salaam Malik intervened and asked the reason behind taking the sack of rice without paying any money and followed and altercation. Then after a while a group of boys came at the shop led by the two sons of Bijay Ray namely Golu and Ayush and with an attempt to murder assaulted three number of individuals of their shop namely Salaam Malik, Mokibul Ali, Roop Khan with a sharp machete like object. Along with Golu and Page No.# 3/3 Ayush who assaulted the complainant party includes Ram Babu, Prakash Sahani, Torav Ram and others. It is also stated that they have vandalized the shop and looted two days income of the shop amounting to Rs.3 lakh (approx.) and vandalized properties of the shop amounting to Rs.1.5 lakh (approx.) including CCTV of the shop. Hence the case. Accordingly, a case has been registered under Chandmari PS Case No. 255/25 u/s 126(2)/109/118(2)/305(a)/324(4)/3(5) BNS, 2023. 4. Case diary as called for has been received. 5. The learned Additional Public Prosecutor upon perusal of the injury report submits that the injuries are simple in nature. 6. It is further submitted that with regard to the allegations of looting an amount of Rs.3 Lakh from the shop of the complainant, there is no such specific material as per the eye witnesses. 7. Considering the above, the prayer for bail is allowed. 8. The order of pre-arrest bail dated 13.11.2025 is hereby made absolute subject to the conditions imposed therein. 9. Accordingly, this bail petition stands disposed of. JUDGE Comparing Assistant