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2025 DAILYLAW 24840 (GAU)

RAJA AHMED @ RAJ AHMED AND ANR v. THE STATE OF ASSAM

Bail Appln./4007/2025 · 2025-12-17

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010271302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4007/2025 RAJA AHMED @ RAJ AHMED AND ANR S/O NURUL HUSSAIN R/O VILL- KACHARIHAT BONGAON, P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM 2: SRI PRATAP SAIKIA S/O SRI MONI SAIKIA RESIDENT OF RUPJYOTI NAGAR NEAR AGRICULTGURAL OFFICE P.S. GOLAGHAT DIST. GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MR. M ALAM,MS. M BHUYAN,MS. P BORAH,MS P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.12 .2025 1. Heard Mr. K. Boruah, learned counsel appearing for the accused/applicant. Page No.# 2/4 Also heard P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, praying for bail of the accused/applicant in connection with Kaliabor P.S. Case No. 115/2025, under Section 308(4)/3(5) of the BNS, 2023. 3. An FIR was lodged by SI Birsing Bordoloi, before the Officer-in-charge of the Kaliabor Police Station alleging that some accused persons alleged in the FIR along with others have circulated blank receipts to certain brick kiln owners situated in the Missa area and had allegedly demanded a sum of Rs. 50,000/- (Rupees Fifty Thousand) for running their organization. It was further alleged that these blank receipts, which did not bear the signatures of any person, were seized on the possession of one Dipak Kumar Borah, the manager of one of the brick kilns. 4. Upon receipt of the FIR the police registered Kaliabor P.S. Case No.115/2025 under the aforementioned Sections. 5. The learned counsel appearing for the accused/applicant submits that the accused/applicant is not connected with the alleged offence as narrated in the FIR. It is further submitted that as the accused/applicant’s name appears in the FIR, he was arrested by the police in connection with the instant case on 27.11.2025. Since the accused/applicant is presently in custody, it is further submitted that another co-accused, also named in the FIR, has already been granted pre-arrest bail by this Court. In view of the above, it is prayed that the Page No.# 3/4 accused/applicant may also be granted bail at this stage. 6. The learned APP appearing for the State submits that the case diary reveals allegations against the accused/applicant of illegally demanding money from various persons in the locality. It is further submitted that since the investigation is still ongoing, the accused/applicant may not be released on bail at this stage. 7. The accused/applicant should not ordinarily be granted bail at this stage. This Court has perused the materials placed on record and has also gone through the case diary submitted before it. 8. However, taking into consideration the allegations made in the FIR and the period of 21 days that the accused/applicant has already spent in custody, this Court is of the opinion that the accused/applicant may be granted bail at this stage. 9. Accordingly, it is directed that the accused/applicant shall be released forthwith on bail upon furnishing a bail bond of Rs. 20,000/- with a surety of the like amount to the satisfaction of the SDJM, Kaliabor, subject to the following conditions :- (i) The accused/applicant shall cooperate fully with the investigation and appear before the Investigating Officer as and when required. (ii) The accused/applicant shall not tamper with, threaten, or influence any witnesses connected with the case. Page No.# 4/4 10. In view of the above directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant