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2025 DAILYLAW 8787 (GAU)

BHAGYAJYOTI SAIKIA v. THE STATE OF ASSAM

Bail Appln./666/2025 · 2025-03-09

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010048362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./666/2025 BHAGYAJYOTI SAIKIA S/O SRI JITEN SAIKIA, RESIDENT OF VILLAGE 2 NO. GANDHA KOROI PS SUKIAPATHAR, PS SARUPATHAR, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MRS. S KHATANIAR, MR. B B GOGOI Advocate for the Respondent : PP, ASSAM, Linked Case : AB/167/2025 SURAJEET NEOG S/O LATE SOILEN NEOG RESIDENT OF VILLAGE NO. 1 PADUMONI PS SARUPATHAR DIST GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MS. P BORAH Page No.# 2/3 Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 Since both the applications arise out of the same FIR, both the applications are taken up together for disposal by this common order. 2. Heard Mr. B B Gogoi as well as Mr. K. Boruah, the learned counsel appearing for the petitioners. Also heard Mr.D P Goswami, the learned Additional Public Prosecutor for the state of Assam. 3. These two applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail as well as regular bail in respect of Basistha P.S. Case No. 34/2025. 4. A person called Kaushik Choudhury had hired a vehicle from the informant for visiting the State of Nagaland. The vehicle was taken to Dimapur, Nagaland. The vehicle was kept parked for 50 hours. The informant came to know about the aforesaid fact by GPS. Mr. Kaushik Choudhury initially paid an amount of ₹30,000/- but without returning the vehicle he kept it parked at Dimapur. Ultimately, the informant had to engage some persons to recover the vehicle. The vehicle was accordingly recovered and the custody of the same has already been given to the informant. 5. The present two petitioners namely Surajeet Neog and Bhagyajyoti Saikia hail from the district of Golaghat. The district of Golaghat is near to Dimapur. Both these persons helped the informant to recover the vehicle from Dimapur. These two persons allegedly demanded some amount of money from the informant at the time of recovery of the vehicle. 6. Apart from that, there are no allegation against the above-named two petitioners in the case diary. 7. I have considered the submissions made by the learned counsels of both sides. Page No.# 3/3 8. This Court is of the opinion that under the given circumstances of the case, the petitioner Bhagyajyoti Saikia no longer deserves to be detained in custody. Therefore, his bail application is allowed. 9. It is hereby directed that the petitioner, Bhagyajyoti Saikia, who was arrested in connection with Basistha P.S. Case No. 34/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(Metro), Guwahati, Assam. 10. It is also hereby directed that in the event of arrest in connection with Basistha P.S. Case No. 34/2025, the petitioner, Surajeet Neog shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 11. Both the petitioners shall co-operate with the Investigating Officer as and when required. With the aforesaid direction, both the bail applications are disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant