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2025 DAILYLAW 9481 (GAU)

TAPNAJYOTI GOGOI AND ANR v. THE STATE OF ASSAM

Bail Appln./815/2025 · 2025-04-06

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010059032025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./815/2025 TAPNAJYOTI GOGOI AND ANR S/O LATEHIMESWAR GOGOI VILL-DUBIA DA GAON, P.S. GOHPUR DIST. BISWANATH, ASSAM, PIN-784178 CONTACT NO.9395432843 2: PALLAB KONWAR SON OF LATE JATIN KONWAR VILL- DUBIA DA GAON P.S. GOHPUR DIST. BISWANATH ASSAM PIN-784178 CONTACT NO. 939543284 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, MS. K SHARMA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.04.2025 Heard Mr. P Neog, the learned counsel appearing for the petitioners as well as Ms. S H Borah, learned Addln. Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, praying for releasing the petitioners on bail, after they were arrested in connection with Gohpur P. S. Case No. 15/2025. 3. Ms. Borah has submitted that for consideration of the bail application, the case diary is necessary. 4. The informant was travelling in his Bolero pick-up vehicle and on the way the petitioners stopped the vehicle of the informant. They allegedly demanded ₹8,000/- (eight thousand) from the informant and ultimately the informant had to pay ₹5,000/- (five thousand). 5. For the aforesaid allegation, police registered the case under Section 308 (5) & 111 (3) of the BNS, 2023. 6. Mr. Neog has submitted that the petitioners are repossession agents of Mahndra and Mahindra Financial Services Ltd. The informant borrowed money for purchasing the vehicle from Mahndra and Mahindra Financial Services Ltd on finance and he failed to repay the loan. Therefore, the petitioners stopped the vehicle of the informant and demanded repayment of loan. 7. The petitioners have already completed 59 days in the judicial custody. 8. This Court is of the opinion that the petitioners no longer deserves to be detained in custody. Therefore, the bail application is allowed. 9. Accordingly, it is directed that the petitioners, namely 1. Sri Tapnajyoti Gogoi & 2. Sri Pallab Konwar, who were arrested in connection with Gohpur P. S. Case No. 15/2025, shall be allowed to go on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the Page No.# 3/3 learned Sub-Divisional Judicial Magistrate (M), Gohpur. The bail application stands disposed of accordingly. JUDGE Comparing Assistant