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2025 DAILYLAW 24779 (GAU)

VIJAY RAY BIJAY RAY VIJAY KUMAR RAY AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3653/2025 · 2025-12-01

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010250712025 2025:GAU-AS:16502 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3653/2025 VIJAY RAY BIJAY RAY VIJAY KUMAR RAY AND 2 ORS. SON OF RAMBABU RAY,RESIDENT OF 6 NO. GATE,BAMUNIMAIDAM, P.S. CHANDMARI,GUWAHATI, DISTRICT - KAMRUP ( METRO), ASSAM. 2: PRAKASH SAHANI SON OF LATE SONELAL SAHANI R/O 6 NO. GATE BAMUNIMAIDAM P.S. CHANDMARI GUWAHATI DIST. KAMRUP (METRO) ASSAM 3: TAURAV RAM @ RAURAB RAM SON OF HORIL RAM RESIDENT OF 6 NO. GATE BAMUNIMAIDAM P.S. CHANDMARI GUWAHATI DIST. KAMRUP (METRO) ASSA 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.# 2/4 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/petitioners, namely; 1. Vijay Ray @ Bijay Ray @ Vijay Kumar Ray, 2. Prakash Sahani and 3. Taurav Ram @ Taurab Ram, has been prayed for bail 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, Page No.# 3/4 Roop Khan with a sharp machete like object. Along with Golu and 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. Having regard to the period of detention of 42 days, the prayer for bail is allowed. 7. Accordingly, the petitioners, named above, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) only each with one surety each of the like amount to the satisfaction of learned CJM, Kamrup (M): (a) shall not hamper with the investigation, or tamper with the evidence of the case; (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 4/4 8. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant