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2025 DAILYLAW 9990 (GAU)

SATYAJIT BORAH v. THE STATE OF ASSAM

AB/731/2025 · 2025-04-09

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010066482025 2025:GAU-AS:4572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/731/2025 SATYAJIT BORAH S/O- LATE INDRA BORAH, R/O- VILL- 15 NO. JALONI GRANT, PO- JALONI DIBRU DUWAR, PS- DULIAJAN, DIST- DIBRUGARH, ASSAM, PIN- 786602 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.04.2025 1. Heard learned Counsel Mr. B.Chowdhury for the petitioner Satyajit Borah who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Panigaon PS Case No. 15/2025 ( G.R. No.243/2025) Under Section 308 (2) / 61(2) of the BNS, 2023. 2. Learned Addl.Public Prosecutor Mr. R.J.Baruah is present for the State Page No.# 2/2 respondent. 3. The allegation against the petitioner is that being a police officer he has demanded money from poor cattle owner i.e. the informant of this case. 4. The learned Addl.Public prosecutor has raised serious objection stating that if the petitioner is insulated by an order of pre-arrest bail, investigation will be adversely affected. There are incriminating materials in the Case Diary that the petitioner initiated extortion and his subordinates have demanded money from the poor cattle owner. 5. The leaned counsel for the petitioner submits that the petitioner has already been suspended and he will not be able influence the investigation. 6. I have considered the submissions at the Bar with circumspection. 7. I have also scrutinized the Case Diary. 8. The merits of this case are not brought to the fore. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. 9. Hence, the pre-arrest bail petition is rejected. 10. Send back the Case Dairy. JUDGE Comparing Assistant