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2025 DAILYLAW 27969 (GAU)

SRI DESING DAS AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3456/2025 · 2025-11-05

Sanjeev Kumar Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010232532025 2025:GAU-AS:14982 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3456/2025 SRI DESING DAS AND 2 ORS. S/O BADA GANGA DAS R/O VILLAGE PURBAKOTE, PS KURAI, DISTRICT JAJAPUR, (ODISHA) 2: SRI CHANDU DAS S/O DESING DAS R/O VILLAGE PURBAKOTE PS KURAI DISTRICT JAJAPUR (ODISHA) 3: SRI RABI DAS S/O RAMESH DAS R/O VILLAGE PURBAKOTE PS KURAI DISTRICT JAJAPUR (ODISHA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : M U BARBHUYAN, MRS. H THAKURIA,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.11.2025 Heard Mr. M.U. Barbhuyan, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. P.P., Assam for the State respondent. 2. This bail application has been filed by the petitioners namely, (i) Desing Das (ii) Chandu Das and (iii) Rabi Das under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Gohpur P.S. Case No.76/2025 under Sections 303(2)/324(2) of BNS, 2023. 3. The case diary, as called for, has not been received. 4. The allegations as contained in the FIR is that on 06.07.2025 at around 8:30 PM, while the informant, who is the proprietor of Mahamaya Jewellary, had parked his scooter in front of Mudak Store for purchasing grocery items, his scooter was broken into by some miscreants and stolen valuable items including gold and silver ornaments worth Rs.2,05,000/- and Adhaar Card, ATM Card, PAN Card and a smartphone. 5. Earlier the petitioners were arrested in connection with Sootea P.S. Case No.79/2025 under Section 303(2) of BNS, where they were granted bail. But, they continued to remain in detention, as they were under arrest in connection Page No.# 3/4 with another case, i.e., Biswanath Chariali P.S. Case No.134/2025 under Section 303(2) of BNS, in which case also they were granted bail by order dated 25.09.2025 passed in Bail Appln. No.3099/2025. But, in the meantime, the instant case was lodged, where they were arrested. There was another case against the petitioners being Teok P.S. Case No.95/2025 under Section 303(2) of BNS and in that case they have been granted bail by this Court. 6. The petitioners were shown arrested in the present case and reckoned from the said date, they have spent 57 days in custody, while the period of statutory detention is 60 days. Moreover, the petitioners have cumulatively spent 102 days behind the bars. 7. It is expected that the investigation would have progressed during this period. 8. Having regard to the above, the prayer for bail is allowed. 9. Accordingly, it is provided that the petitioners, named above, shall be released on bail of Rs. 20,000/- (Rupees Twenty Thousand) each with one surety each of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforementioned case. 10. The direction for bail is further subject to the conditions that the accused petitioners – (1) shall not hamper with the investigation or tamper with the evidence of the case; and Page No.# 4/4 (2) shall make themselves available during the trial. 11. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant