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2025 DAILYLAW 27659 (GAU)

JEEBAN KALITA AND 2 ORS v. THE STATE OF ASSAM

Bail Appln./3248/2025 · 2025-11-02

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010218912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3248/2025 JEEBAN KALITA AND 2 ORS S/O- RAJAT KALITA, VILL - DHEKIABARI, P.S- BOKO, DISTRICT - KAMRUP, ASSAM, 2: INAMUL HAQUE S/O- ABDUL SATTAR VILL - GARUCHATKA P.S - DHUPDHARA DISTRICT - GOALPARA ASSAM 3: DIPU DAS @ DEEP DAS S/O- SARAT DAS VILL - KHUTABARI P.S - DHUPDHARA DISTRICT - KAMRUP ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR K BHUYAN, M DEKA,MR. Z MAHMUD,MR. M U E BHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 03.11.2025 Heard the learned counsel for the petitioners and the learned Addl. P.P., Assam. This application has been filed under Section 483 BNSS, seeking bail of the petitioners, namely, 1. Jeeban Kalita, 2. Inamul Haque, 3. Dipu Das @ Deep Das, who were arrested on 24.08.2025 in connection with Chaygaon P.S. Case No. 251/2025 under Sections 109/117(2)/3(5) of BNS, 2023. From the perusal of the case diary, it appears that the deceased along with another person was carrying some construction material from the site of a bridge and loaded the same in an auto rickshaw and later on, they were detected and chased by the accused persons and thereafter, they pushed him into Kulsi river. As per the allegation, the deceased was also assaulted by the personnel of the NH-17 flyover construction party. On a close perusal of the CD, it appears that there is sufficient involvement of the present petitioners in causing the death of the deceased. Having regard to the gravity of the offence and the material available in the CD, despite the fact that the petitioners have spent 71 days behind the bar, the prayer for bail is rejected at this stage. Send back the CD. The bail application is accordingly dismissed. JUDGE Comparing Assistant