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2025 DAILYLAW 7731 (GAU)

SREE KUMAR DAS v. THE STATE OF ASSAM

AB/369/2025 · 2025-03-04

Parthivjyoti Saikia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010033212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/369/2025 SREE KUMAR DAS S/O LATE JAGYARAM DAS RESIDENT OF AMINGAON KALIBARI,PO AMINGAON, PS AMINGAON (OOUTPOST) MAIN P.S NORTH GUWAHATI, GUWAHATI 31, DIST. KAMRUP M ASSAM 2: LAKHI RAM DAS S/O LATE JAGYARAM DAS RESIDENT OF AMINGAON KALIBARI PO AMINGAON PS AMINGAON (OOUTPOST) MAIN P.S NORTH GUWAHATI GUWAHATI 31 DIST. KAMRUP M ASSAM 3: RUBI RANI DAS W/O SHREE KUMAR DAS RESIDENT OF AMINGAON KALIBARI PO AMINGAON PS AMINGAON (OOUTPOST) MAIN P.S NORTH GUWAHATI GUWAHATI 31 DIST. KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MS D ANGANA, MR. P TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05-03-2025 Heard Mr. P Talukdar, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023, the petitioner, namely, (1) Sree Kumar Das; (2) Lakhi Ram Das; and (3) Mrs. Rubi Rani Das, have prayed for pre-arrest bail who apprehend arrest in connection with North Guwahati P.S. Case No. 10/2025. The informant has alleged in the FIR that the petitioners tried to occupy a plot of land which was allotted to them by the government. There was a fight. It has also been alleged that the petitioners used sharp weapons and attacked the informant and causing serious injuries to two women. The medical report shows that the injured persons sustained simple injuries. Mr. Talukdar has submitted that it is a civil dispute converted into a criminal case. I have considered the submissions made by the learned counsel for both the sides. There are no incriminating materials against the present petitioners have been found in the case diary to justify their detention in custody. Considering entire aspect of the matter, this court is of the opinion that for the aforesaid allegation, the petitioners do not deserve to be detained in custody. Accordingly, it is directed that in the event of arrest of the petitioners, namely, (1) Sree Kumar Das; (2) Lakhi Ram Das; and (3) Mrs. Rubi Rani Das, who apprehend arrest in connection with North Guwahati P.S. Case No. 10/2025, the arresting authority shall release them on bail of Rs.20,000/- each with one surety of like amount to the satisfaction of the arresting authority. Case Diary shall be returned. The bail application is disposed of. JUDGE Comparing Assistant