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2025 DAILYLAW 5287 (GAU)

RUPAK MANDAL AND 2 ORS. v. THE STATE OF ASSAM

AB/23/2025 · 2025-02-06

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010001412025 2025:GAU-AS:1284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/23/2025 RUPAK MANDAL AND 2 ORS. S/O SHUNIL MANDAL R/O AMARA PATHAR, SONAPUR, GUWAHAI, PO.AND P.S. SONAPUR, DIST. KAMRUP (METRO), ASSAM PIN-782402 2: RAJIB CHETRI S/O LATE JAYBATI CHETRI R/O AMARA PATHAR SONAPUR GUWAHAI PO.AND P.S. SONAPUR DIST. KAMRUP (METRO) ASSAM PIN-782402 3: KAMAN MANDAL S/O MAINA MANDAL R/O AMARA PATHAR SONAPUR GUWAHAI PO.AND P.S. SONAPUR DIST. KAMRUP (METRO) ASSAM PIN-78240 VERSUS THE STATE OF ASSAM Page No.# 2/3 REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T N DAS, MS JUTISMITA DAS,MS PURABI DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-02-2025 Heard Ms. J. Das, learned counsel for the petitioner Nos. 1. Rupak Mandal, 2. Rajib Chetri and 3. Kaman Mandal, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Sonapur Police Station Case No. 217/ 2024 under Sections 191(2)/191(3)/121(2)/132/ 117(2)/118(2)/324(4)/325(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 3. The allegation against the petitioners is that they have obstructed and assaulted the police along with the co-accused named in the FIR when the police tried to obstruct the gambling activities held in an illegal manner. 4. I have considered the submissions at the bar with circumspection. The merits of the case are not brought to the fore. I have also scrutinized the Case Diary. After considering all aspects, it appears that anticipatory bail may be granted to the petitioners. Page No.# 3/3 5. In the event of their arrests, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall refrain from such activities with which they are alleged and, (iii) the petitioners shall not leave the jurisdiction of the jurisdictional Court/Eleka Magistrate without prior permission. 6. On breach of any of the bail conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled. 7. In terms of the above observation, this Anticipatory Bail application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant