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2025 DAILYLAW 9562 (GAU)

RANJIT DAS v. THE STATE OF ASSAM

Bail Appln./865/2025 · 2025-03-27

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010059372025 2025:GAU-AS:3634 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./865/2025 RANJIT DAS S/O LATE DHARANI DAS R/O VILL- NAHIRA BHETIAPARA P.S. PALASHBARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T MOHAMMAD, MR J ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28.03.2025 Heard Mr. T. Mohammad, learned counsel for the petitioner as well as Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Ranjit Das, son of late Dharani Das, resident of village-Nahira, Bhetiapara, Police Station-Palasbari, District-Kamrup has filed this application under Section 483 BNSS, 2023 praying for his bail in Palasbari Police Station Case No. 515/2024, registered Page No.# 2/3 under Sections 70(1)/62 BNS, 2023, in which, the petitioner was arrested on 31.12.2024 and is in custody since then. 3) As per the FIR dated 30.12.2024 lodged by the complainant before the In-Charge of Bijoynagar Patrol Post, the case is that on 30.12.2024 at about 1:30 AM, while her daughter was returning home from a cultural programme at Nahira M.V. school, the accused persons of the case grabbed her neck and tried to gang rape her. However, she was somehow rescued by one boy. 4) The said FIR of the complainant was accordingly registered as Palasbari Police Station Case No. 515/2024 under Sections 70(1)/62 BNS, 2023. 5) The Investigating Officer of the case filed its objection against the bail of the petitioner in said Palasbari P.S. Case No. 515/2024 by submitting that it is not possible for them to file the charge-sheet in the case within two days from today. 6) It is seen that the petitioner, as on today, has completed 58 days in custody. 7) It is also seen that tomorrow, i.e., 29.03.2025 is Saturday, which is not a Court working day and day after tomorrow, i.e., 30.03.2025 is Sunday, which is a holiday. Further, on 31.03.2025, i.e., Monday, the Court will remain closed on the eve of Eid and by these days, the petitioner shall complete the statutory/mandatory period of detention in custody of 60 days in said Palasbari P.S. Case No. 515/2024. 8) In view of the above, the petitioner is entitled for his bail in said Palasbari P.S. Case No. 515/2024. 9) Accordingly, the petitioner, namely, Ranjit Das, son of late Dharani Das is granted bail in said Palasbari P.S. Case No. 515/2024 on furnishing bail bond of Rs. 75,000/- with two local sureties, each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon subject to the conditions that the petitioner — i) shall appear before the learned Chief Judicial Magistrate, Kamrup, Amingaon every 15 (fifteen) days, commencing from 07.04.2025 on working days during the office hours for the next 3 (three) English calendar months and also, as and when he is required for necessary investigation of said Palasbari P.S. Case ; ii) shall not leave the territorial jurisdiction of Palasbari Police Station without obtaining prior written permission from the learned Chief Judicial Magistrate, Page No.# 3/3 Kamrup, Amingaon; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; v) shall not involve himself in any criminal activities in the future; vi) shall not come to the vicinity of the victim girl or anyone of her family and vii) shall not threat the victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf. 10) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Ranjit Das, son of late Dharani Das the bail granted to him in said Palasbari P.S. Case No. 515/2024, registered under Sections 70(1)/62 BNS, 2023 shall stand automatically vacated. 11) This bail application accordingly stands disposed of. JUDGE Comparing Assistant