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2025 DAILYLAW 27061 (GAU)

SRI ANUPAM SAIKIA AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./3590/2025 · 2025-11-30

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010245682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3590/2025 SRI ANUPAM SAIKIA AND 3 ORS. S/O- SRI PUNYESHWAR SAIKIA R/O- VILLAGE- PODUMPATHER, P.S- PHILLOBARI, DISTRICT - TINSUKIA, ASSAM 2: SRI NABAJYOTI SAIKIA S/O- SRI PRADIP SAIKIA R/O- VILLAGE- PODUMPATHER P.S- PHILLOBARI DISTRICT - TINSUKIA ASSAM 3: SRI KIRAM SAIKIA S/O- SRI DILIP SAIKIA R/O- VILLAGE- SIKOJAN P.S - BORDUMSA DISTRICT - TINSUKIA ASSAM 4: SRI SAMIRAN SONOWAL S/O- SRI BHUPEN HAZARIKA R/O- HIJUGURI RAILWAY COLONY P.S- TINSUKIA DISTRICT - TINSUKIA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 01.12.2025 Heard Mr.N.Hasan, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting of regular bail in respect of the petitioners, namely, 1) Sri Anupam Saikia 2) Sri Nabajyoti Saikia 3) Sri Kiram Saikia and 4) Sri Samiran Sonowal in connection with Sessions Case No. 142(T)/2025 u/s 103(1)/3(5) of the BNS, 2023 pending before the Court of learned Addl. Sessions Judge, FTC, No. 2, Tinsukia. 3. As per the allegation contained in the FIR, on the night of 12/13.07.2025, when the husband of the informant Nilam Sanjib Gogoi was returning with one Sri Sonu Shukla between 1:30 am and 2:00 am on a scooter, a group of unidentified miscreants in a white Hyndai Eon or Venue vehicle chased and assaulted them at the IOC Gate, causing serious injuries to both of them. Whereafter Sri Sonu Shukla managed to take Nilam Sanjeev Gogoi to Tinsukia Civil Hospital and informed the complainant about the same. Subsequently, Nilam Sanjeev Gogoi was taken to Dibrugarh and succumbed to his injury at Hospital at 11:45 pm on 30.07.2025. 4. The case has already been charge sheeted. Page No.# 3/4 5. Learned counsel for the petitioners has produced the certified copy of the statement of the witnesses before the Police and the Magistrate. From the statement of the sole eye witness, i.e. Sri. Sonu Shukla before the Magistrate as well as the Police, it appears that one of the assailants had pushed the deceased, because of which he fell down and sustained head injury. As per the Post Mortem report, the deceased died as a result of, following head injury sustained which was ante mortem and caused by blunt force injury. 6. There is no material indicating any wilful assault by means of any weapon/instrument with an intention to cause death of the deceased. 7. Considering the above as well as the fact that the investigation is completed and the fact that the petitioners have spent nearly 140 days behind bars, as such, the prayer for bail is allowed. 8. Accordingly, it is directed that the petitioners named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with two sureties each of the like amount to the satisfaction of the learned Trial Court/concerned Magistrate in connection with the aforesaid case. 9. It is further provided that the petitioners shall regularly participate in the trial once commenced and shall not try to intimidate or influence the witness or tamper with the evidence. 10. The observations made above are solely for the purpose of consideration of bail and shall not be taken into account at any stage of the Trial including framing of charge. Page No.# 4/4 11. The Bail Application stands disposed of. JUDGE Comparing Assistant