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2025 DAILYLAW 25770 (GAU)

BABLU MITRA v. THE STATE OF ASSAM

Bail Appln./3613/2025 · 2025-11-20

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010248372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3613/2025 BABLU MITRA S/O LT. TAPAN MITRA, R/O REHABARI, BILLPAR, P.S. PALTANBAZAR, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 21.11.2025 Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor. 2. By this petition under Section 483 BNSS, the accused-petitioner, namely, Bablu Mitra, who was arrested on 23.10.2025 in connection with Paltanbazar PS Case No. 314/2025 under Section 109(1)/117(2)/304(2)/62 of BNSS is Page No.# 2/3 seeking bail. 3. The allegations against the petitioner is that on 22.10.2025 at about 4:30 pm one unknown culprit forcefully tried to steal money i.e. a sum of Rs. 20,000/- which he had withdrawal in the ATM situated at HDFC ATM, Rehabari. Later when complt. tried to escape he tried to kill the complaint and hit strongly by generator/ shop shutter road as a result complaint back head injured internally very badly. 4. Pursuant to the lodging of the FIR the petitioner was arrested on 23.10.2025. The learned counsel for the petitioner submits that there was a quarrel between the informant and the petitioner and as a result the informant lodged the present FIR. 5. It is further submitted that considering the length of detention of 30 days as well as the fact that there is no money to be recovered, the prayer for bail may be allowed. 6. On the other hand, leaned Addl. P.P with reference to the case diary submitted that witnesses have implicated the petitioner in the act of trying to snatch the money from informant and the assault committed upon the informant by the petitioner. However no conclusive medical report with regard to any injury suffered by the informant is available. 7. Having regard to the period of detention and the nature of the allegations, despite their being material against the petitioner in case diary, the prayer for bail is allowed 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one surety of like amount to the Page No.# 3/3 satisfaction of learned CJM, Kamrup(M) in connection with the aforesaid case. 9. It is further provided that the petitioner shall regularly appear at the trial and shall not try to influence or intimidate the witnesses. 10. Return the case diary. JUDGE Comparing Assistant