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2025 DAILYLAW 7615 (GAU)

SRI MONTU DUTTA AND 6 ORS. v. THE STATE OF ASSAM

Bail Appln./422/2025 · 2025-02-20

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010031602025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./422/2025 SRI MONTU DUTTA AND 6 ORS. S/O LATE DHIREN DUTTA, R/O RAJABARI TOKLAI GAON, P.S AND DISTRICT JORHAT, ASSAM, 2: SRI RITU SAIKIA S/OSRI BABUL SAIKIA R/O NIJ BALIGAON P.S. AND DIST.JORHAT ASSAM 3: SRI PARTHA PRATIM DUTTA S/O SRI JUGEN DUTTA R/ODHEKIAKHOWA P.S. TEOK DIST.JORHAT ASSAM 4: SRI PRASANTA DUTTA S/O LATE DEBEN DUTTA R/O DHEKIAKHOWA P.S. TEOK DIST.JORHAT ASSAM 5: SRI BHABEN DUWARAH S/O LATE AJIT DUWARAH R/O GOHAIN GAON P.S. TEOK DIST.JORHAT ASSAM Page No.# 2/3 6: SRI SUJIT DUTTA S/O SRI BHABEN DUTTA R/O DHEKIAKHOWA P.S. TEOK DIST.JORHAT ASSAM 7: SRI ADITYA SAGAR PANIPHUKAN S/O SRI LAKHI PANIPHUKAN R/O BAGHCHUNG NA-ALI DIST. JORHAT ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM, Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY,MR. S BOIRAGI,MR. D CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.02.2025 Heard Mr. S. Borthakur, the learned counsel appearing for the petitioners as well as Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioners, namely, 1. Sri Montu Dutta, 2. Sri Ritu Saikia, 3. Sri Partha Pratim Dutta, 4. Sri Prasanta Dutta, 5. Sri Bhaben Duwarah, 6. Sri Sujit Dutta & 7. Sri Aditya Sagar Paniphukan have prayed for releasing them on bail, after they were arrested in connection with Latashil P.S. Case No. 13/2024. Page No.# 3/3 3. On 29.01.2024, an FIR was lodged before police, wherein it was alleged that some boys belonging to a particular organization had threatened the informant because the informant, who used to run a restaurant did not have Assamese speaking employees. Thereafter, very recently the petitioners were arrested by Jorhat police in another case. When they were released on bail by the courts, they were again arrested. 4. I have considered the submissions made by the learned counsels of both sides. 5. It may be stated that Mr. Das has objected to this bail application. 6. The petitioners have already spent 20 days in judicial custody. 7. This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody for any further period of time. Therefore, their bail application is allowed. 8. It is hereby directed that the petitioners, Sri Montu Dutta, 2. Sri Ritu Saikia, 3. Sri Partha Pratim Dutta, 4. Sri Prasanta Dutta, 5. Sri Bhaben Duwarah, 6. Sri Sujit Dutta & 7. Sri Aditya Sagar Paniphukan, who were arrested in connection with Latashil P.S. Case No. 13/2024, shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, Assam. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant