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2025 DAILYLAW 27229 (GAU)

BISWAJIT DOLEY AND 3 ORS. v. THE STATE ASSAM

Bail Appln./3599/2025 · 2025-11-25

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010246882025 2025:GAU-AS:16098 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3599/2025 BISWAJIT DOLEY AND 3 ORS. SON OF RAJ DOLEY R/O CHETIA GAON, WARD NO. 5, P.O. AND P.S. LAKHIMPUR DIST. NORTH LAKHIMPUR, ASSAM 2: MOHAN BORA S/OLT. PARESH BORA R/O DABA FIELD P.O. AN DP.S. SIVASAGAR DIST. SIVASAGAR ASSAM. 3: INJAMAMUL HAQUE S/O NUR ISLAM ALI R/O MAROWI P.O. AND P.S. SIPAJHAR DIST. DARRANG ASSAM 4: NITU AHMED S/OLATE MOJNUR ALI R/O TOWN ENTRY ROAD P.S. RANGIA DIST. KAMRUP ASSA VERSUS THE STATE ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. S MUNIR, MD IMRAN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.11.2025 1. Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, 1. Biswajit Doley, 2. Mohan Bora, 3. Injamamul Haque and 4. Nitu Ahmed, has prayed for bail in connection with Dispur P.S Case No. 875/2025 registered under Sections 140(2)/3(5), BNS,2023 and added Section 308(2) of BNS, 2023. 3. The brief facts in this case are that on 27.10.2005, one Rahul Mishra, S/O: Lt. Kishor Mishra, R/O- Flat No. D3, Pravat Enclave, Barunparu, Lokhra, under Garchuk P.S., Kamrup (M) lodged an FIR at Dispur Police Station stating that his wife had been admitted to Coras Hospital on 24.10.2025 for a maternal case. On 26.10.2025, at around 11:00 AM, while he went to a Pharmacy to purchase medicine for his wife, a group of unknown individuals numbering about 7-8 persons suddenly approached him and forcibly picked him up in a black-coloured Scorpio vehicle. They first took him near Ganesh Mandir, where they demanded a ransom amount of Page No.# 3/4 Rs. 50,00,000/- (Rupees fifty lakhs) and threatened to kill him if he failed to arrange the said amount. Thereafter, they took him to the backside of the MLA Hostel and then to the backside of Downtown Hospital. During the course of time, their demand was gradually reduced from Rs.50,00,000 to Rs. 30,00,000 and then to Rs. 20,00,000. Subsequently, they asked him to arrange the money allowed him to use his mobile phone to contact his family members. During that time, he came to know the names of two of the accused persons, namely Riaz Ahmed Azad and Chinmay Dutta, who were also involved in the incident. Chinmoy Dutta further demanded that he transfer an amount of Rs. 50,000 to his account through online payment. At that moment, the victim managed to share his phone location with one of his friends, and within a few minutes, police reached the spot, rescued him, and apprehended the individuals involved in the said incident. 4. The petitioners were arrested on 27.10.2025. 5. Upon perusal of the case diary, it is submitted by the learned Additional Public Prosecutor that there is sufficient incriminating material against the petitioners. 6. On the other hand, the learned counsel for the petitioners submits that a civil case has been initiated by some of the accused persons against the informant of the case as the informant owed money to them and this FIR has been lodged as a counter-blast to the aforesaid civil case by trapping the petitioners. 7. Upon perusal of the case diary, it appears that the Page No.# 4/4 petitioners were apprehended on the spot and the victim has also implicated them. 8. In view of the gravity and seriousness of the offence and having regard to the stated ground of arrest that the petitioners have criminal antecedents, the prayer for bail is rejected at this stage. 9. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant