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2025 DAILYLAW 8144 (GAU)

SRI RINTU CHARINGIA v. THE STATE OF ASSAM

AB/448/2025 · 2025-03-09

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010038482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/448/2025 SRI RINTU CHARINGIA S/O SRI JITEN CHARINGIA RESIDENT OF DUBIA JARONI GAON, PO DUBIA, PS GOHPUR, DIST BISWANATH, ASSAM PIN-784178. VERSUS THE STATE OF ASSAM REP BY ITS PP, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 10.03.2025 Heard Mr. L Gogoi, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS,2023 by the petitioner, namely, Sri Rintu Charingia, who apprehends arrest in connection with Gohpur P.S. Case No. 15/2025. It is alleged in the FIR that on 06.02.2025 while the informant was returning home in his Page No.# 2/2 Bolero vehicle bearing registration No. AS-32-C-2077 he was stopped by two persons namely Sri Tapan Jyoti Gogoi and Sri Pallab Konwar. These two persons allegedly demanded Rs.4,000/- from the informant. When the informant refused to pay the money they had altercation. It is also alleged by the informant that these two persons even threatened him with dire consequences. According to the informant, one month prior to that incident, the said two persons had stopped his vehicle on the road and demanded Rs.8,000/- from him and out of fear of his life, he paid Rs.5,000/- to them. The Case Diary reveals that the informant purchased the said vehicle on being financed by the Mahindra Finance Limited. Sri Tapan Jyoti Gogoi and Sri Pallab Konwar were actually employees of Mahindra Finance Limited and they demanded money from the informant towards return of the loan amount. The case diary further reveals that on the day of incident, the present petitioner was also present there. I have considered the submissions made by the learned counsel for both the sides. There is no specific allegation against the present petitioner in the FIR. Therefore, this court is of the opinion that for the allegations brought against Sri Tapan Jyoti Gogoi and Sri Pallab Konwar, the present petitioner Sri Rintu Charingia does not deserve to be detained in custody. Hence, his prayer for pre-arrest bail is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner Sri Rintu Charingia, who apprehends arrest in connection with Gohpur P.S. Case No. 15/2025, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The bail application is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant