Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 12823 (GAU)

GOUTAM KUMAR RAY ALIAS GAUTAM KUMAR ROY v. THE STATE OF ASSAM

AB/1681/2026 · 2026-08-05

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010151482026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1681/2026 GOUTAM KUMAR RAY ALIAS GAUTAM KUMAR ROY S/O LATE PROMODE CH ROY, VILL. C/O PROMODE CH ROY, SHREE DURGA BHABAN SUBHAS NAGAR WARD NO 14, BANAMALI, KARIMGANJ, P.O. AND P.S. SRIBHUMI, DIST. SRIBHUMI, ASSAM, PIN 788710 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. RAJARSHEE DE, MS. U NANDA,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, F. SHAHIN(INFORMANT),P SINGH(INFORMANT),N HASAN(INFORMANT),MR A HUSSAIN(INFORMANT),MR. B K SEN(INFORMANT) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06. 08.2026 Heard Mr. Rajarshee De, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam for the State respondent. Also heard Mr. B.K. Sen, learned counsel for the informant. Page No.# 2/3 2. This is a second pre-arrest bail application under Section 482 of BNSS, 2023, for granting pre- arrest bail to the petitioner namely Goutam Kumar Ray @ Gautam Kumar Roy, apprehending arrest in connection with Sribhumi P.S. Case No. 111/2026 (G.R. Case No. 431/2026) registered Sections 329(4)/ 189(2)/ 117(2)/ 118(2)/ 109/ 304 of BNS, 2023. 3. The earlier pre-arrest bail application of the petitioner was rejected by this Court vide order dated 23.06.2026, passed in AB No. 1316/2026. 4. The informant of the instant case one Arijit Dey lodged a written FIR on 18.05.2026, before the Officer-in-Charge, Sribhumi P.S. alleging inter alia that on 16.05.2026 at around 10:30 to 11:00 pm, when he and his associate closed their shop and came downstairs, a group of persons allegedly tried to assassinate them. It was further alleged that due to the attack, both of them sustained severe injuries and were recovered by the patrolling squad of Sribhumi police. They received preliminary treatment from Karimganj Civil Hospital. It was also alleged that the accused snatched gold ornaments and cash of Rs. 2 lakhs from them. On receipt of the FIR, the I/O made a G.D.E. entry vide G.D.E. No. 07 dated 18.05.2026 and after conducting an enquiry, he forwarded the case to the Officer In charge on 19.05.2026. On receipt of the case, the Officer In charge, Sribhumi P.S. registered the same on 19.05.2026 vide Sribhumi P.S. Case No. 111/2026, under Section 329(4)/189(2)/117(2)/118(2)/109/304 of BNS and started investigation. 5. The learned counsel for the petitioner submits that the incident relates to a street fight and the matter has been blown out of proportion and that the custodial interrogation of the petitioner may not be necessary. It is also submitted that the petitioner is suffering from heart deceased and requires regular medical care. Page No.# 3/3 6. Case dairy is received and perused. 7. Upon perusing the aforesaid CCTV footage of the alleged incident, it is seen that present petitioner (person in light blue shirt with) was involved in breaking out the fight rather than assaulting the alleged victims. 8. Although it is submission of the learned counsel, representing the respondent No. 2 that no new ground has been shown by the petitioner for entertaining the second pre-arrest bail application, since the role of the petitioner is clearly established from the CCTV footage as described above, the fact that the said CCTV footage was not viewed by the earlier occasion, I am of the view that objection of the learned counsel of the informant cannot be accepted. 9. Having regard to the above, the prayer for pre-arrest bail is allowed. 10. The petitioner named above in the event of his arrest in connection with Sribhumi P.S. Case No. 111/2026, under Section 329(4)/ 189(2)/ 117(2) /118(2) /109/ 304 of BNS shall be released on bail on furnishing a bail bond of Rs. 50,000/- with a surety of the like amount to the satisfaction of the arresting authority. It is further provided that the petitioner shall appear before the I.O. within a period of 14 (fourteen) days from today and shall cooperate with the investigation. 11. The petition stands allowed. 12. Send back the Case Diary. JUDGE Comparing Assistant