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2025 DAILYLAW 25165 (GAU)

SRI KOUSHICK GOGOI @ KAUSHIK GOGOI v. THE STATE OF ASSAM

Bail Appln./3466/2025 · 2025-11-19

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010236612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3466/2025 SRI KOUSHICK GOGOI @ KAUSHIK GOGOI S/O- SRI BHARAT GOGOI. R/O- SALMARI, DIGHALIA, P.O- TINGKHONG DIGHALIA ,P.S- TINGKHONG, DISTRICT- DIBRUGARH, ASSAM, PIN- 786008. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, J SINGPHO,A KALITA,A SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 20.11.2025 Heard Mr. A. Bhardwaz, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P. for the State respondent. Page No.# 2/3 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Koushick Gogoi @ Kaushik Gogoi, has prayed for bail in connection with Fatasil Ambari P.S. Case No. 127/2025 under Section 105/125/285/3(5). 3. The case arose out of an FIR dated 04.09.2025 alleging that the informant’s son felt down in an open drain and lost his life. That, drain was left open for almost over a year due to negligence of the company looking after the construction of the re-development project being carried out by one Bhartia Infra Project Ltd. (BIPL). The present accused is stated to be a Director of BIPL, looking after regular affairs of the company including the instant project. 4. This is a subsequent bail petition, as an earlier petition was rejected by this Court on 24.09.2025 in Bail Appln. No. 3048/2025. The petitioner was also granted interim bail on 28/10/2025, on the ground of regular bail having been granted to co-accused Avinash Bhartiya by this court and also in view of the contention that the marriage of the accused is to be solemnized on 02/12/2025. 5. The updated case diary has been received. Investigation has made sufficient progress but the same is not yet completed. The copy of the order granting regular bail to co-accused Avinash Bhartiya vide order dated 16/10/2025 in Bail Appln No. 3237/2025 is annexed with the petition. 6. It is also submitted by the learned counsel for the petitioner in the meantime a criminal petition preferred by Avinash Bhartiya (Crl.Pet No.1425/2025) has been disposed of vide order dated 19.11.2025 passed by this Court quashing the criminal proceedings. 7. In the aforesaid facts and circumstances, I do not find any reason not to make the interim bail absolute. Accordingly, the interim bail granted vide order Page No.# 3/3 dated 28.10.2025 is hereby made absolute, subject to the conditions that:- (i) he shall co-operate with the process of law. 8. The bail petition stands disposed of on the aforesaid terms. 9. Send back the case diary. JUDGE Comparing Assistant