Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010232122025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2504/2025 RAJESH GOWALA AND 3 ORS. SON OF LATE KRISHNA GOWALA R/O JHANJUPARA, FATAPUKUR, P.S. RAJGANJ DIST. JALPAIGURI, WEST BENGAL, 2: RAKESH GOWALA S/O LATE KRISHNA GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI WEST BENGAL 3: SANIL GOWALA S/O HARIYA GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI WEST BENGAL 4: BIJOY GOWALA S/O LATE DEEPSAN GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI WEST BENGA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Page No.# 2/3 Advocate for the Petitioner : MR. S M MOLLAH, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18.11.2025
1. Heard Mr. S.M Mollah, learned Counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for pre-arrest bail to the petitioners, namely, (1) Rajesh Gowala, (2) Rakesh Gowala, (3) Sanil Gowala, and (4) Bijoy Gowala, in connection with Nagaon P.S. Case No 393/2024 registered U/S 379 of IPC with added Section of 395 of IPC. 3. The allegation as reflected in the FIR is that the informant along with his driver had gone to P.N.B, Nagaon Branch where his driver dropped him and he went inside the bank with his bag containing Rs. 45 lakhs and he had kept the said bag on a steel chair near the counter and that at about 12:34 PM, one unknown youth wearing black pant and white full sleeve shirt, snatched his bag and fled. Hence, the case. 4. It appears from the Case Diary that the I/O has examined only two witnesses and the contents of the CCTV footage are also not reflected in the Case Diary. The petitioners were arrested in connection with another case being Jagiroad P.S Case No. 218/2025 on 27.10.2025 in B.A No. 3363 of 2025 after the present incident and prayer was made to the Ld. Magistrate for shown arrest of the present petitioners in the present case which prayer, however, was rejected due to violation of Section 47 & 48 of the BNSS,
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2023.
However, it appears that no fresh prayer for showing them arrested in the present case has been made by the I/O.
5. Therefore, from the available materials, there appears to be no direct implication of the present petitioners in the instant case. 6. Considering the same, the prayer for pre-arrest bail is allowed. The above named petitioners, on the event of their arrest in connection with the aforesaid case, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- each with 2(two) sureties each of the like amount to the satisfaction of the arresting authority. 7. It is provided that the petitioners shall appear before the I/O within a period of 10(ten) days from the date of this order and shall cooperate with the investigation. 8. Send back the Case Diary. 9. Petition stands disposed of. JUDGE Comparing Assistant