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2025 DAILYLAW 24839 (GAU)

RIPON AHMED v. THE STATE OF ASSAM

Bail Appln./3829/2025 · 2025-12-04

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010259552025 2025:GAU-AS:16798 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3829/2025 RIPON AHMED S/O SAHIJUL ALI R/O GELLEPARA P.S. SORBHOG DIST. BARPETA, ASSAM PIN CODE- 781317 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AZAD, MS S DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 05.12.2025 Heard Mr. A. K. Azad, learned counsel appearing for the accused applicant and Mr. P. Borthakur, learned Addl. PP appearing for the State. 2. This is an application under Section 483 of BNSS, 2023 for granting Page No.# 2/3 regular bail to the accused applicant, namely, Ripon Ahmed in connection with Barpeta Road P.S. Case No. 118/2025 registered under Sections 74/77/78(2)/79 of BNS. 3. The gist of the allegation as narrated in the FIR dated 29.10.2025 is that informant along with her mother and aunt went to Reliance Trends Shopping Mall at Barpeta Road for purchasing certain clothes. It was alleged that when she went to the trial room for trying clothes she intended to purchase, she suddenly noticed that an active mobile phone was kept near the AC which was video graphing the activities inside the trial room. On seeing such mobile phone, the informant immediately called her mother as well as aunt and the accused applicant was asked about the mobile phone. The accused applicant being caught tried to run away from the place of occurrence, however, the people as well as the informant got hold of the accused applicant and thereafter, he was handed over to the police. The accused applicant was arrested on the same day i.e. 30.10.2025 and since then he has been behind the bar. 4. The learned counsel appearing for the accused applicant submits that the accused applicant is a young boy without having any criminal antecedent and looking into the period of detention of 37 days behind the bar, further custodial detention of the accused applicant may not be required in the instant case. Therefore, the learned counsel for the accused applicant submits that the accused applicant should be released on bail, at this stage. 5. Mr. P. Borthakur, learned Addl. PP appearing for the State, on the other hand, submits that Case Diary reveals incriminating materials against the accused applicant being involved in such incident earlier also. Page No.# 3/3 Therefore, the learned Addl. PP opposes the prayer for grant of bail, at this stage. 6. This Court has gone through the Case Diary brought before this Court, which included the statements recorded by the Police of several witnesses as the well as the victim and the informant. This Court has also considered the fact that the accused applicant has already spent for more than 37 days behind the bar. 7. Taking into account the whole aspects in it’s entirety, this Court is of the considered opinion that the accused applicant should be released on bail, at this stage. 8. In view of the aforesaid factual position, the accused applicant, namely, Ripon Ahmed is directed to be released forthwith on bail in connection with Barpeta Road P.S. Case No.118/2025 on furnishing of bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned CJM, Barpeta. However, the bail order shall be subject to following conditions:- (i) that the accused applicant shall cooperate with the investigation and make himself available as and when called for; (ii) that the accused applicant shall not try to hamper or tamper with the investigation of the instant case. In view of the aforesaid directions, the instant Bail application stands disposed of, as allowed. JUDGE Comparing Assistant