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2026 DAILYLAW 1386 (GAU)

SRI PADMESWAR DAS ALIAS DASH AND 2 ORS. v. THE STATE OF ASSAM

AB/2709/2025 · 2026-01-28

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010251092025 2026:GAU-AS:999 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2709/2025 SRI PADMESWAR DAS ALIAS DASH AND 2 ORS. S/O LATE BANESWAR DAS RESIDENTS OF DAKUA KAMARCHUK P.O.- DHALPUR, P.S.- BIHPURIA DIST- LAKHIMPUR, ASSAM 2: SRI BABUL DAS ALIAS DUL DAS SONS OF SRI PADMESWAR DAS RESIDENTS OF DAKUA KAMARCHUK P.O.- DHALPUR P.S.- BIHPURIA DIST- LAKHIMPUR ASSAM 3: SRI PRIYAKANTA DAS ALIAS RONGAI DAS SONS OF SRI PADMESWAR DAS ALL ARE RESIDENTS OF DAKUA KAMARCHUK P.O.- DHALPUR P.S.- BIHPURIA DIST- LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 29.01.2026 1. Heard Mr. N.K. Kalita, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 for grant of prearrest bail to the petitioners, namely; (i) Sri Padmeswar Das @ Dash, (ii) Sri Babul Das @ Dul Das, and (iii) Sri Priyakanta Das @ Rongai Das, in connection with FIR dated 25.09.2025 lodged before the Dhalpur Police Out Post under Bihpuria Police Station. 3. The allegation against the petitioners is that, being cultivators, the petitioners attacked the informant causing grievous injuries. However, the matter was compromised as the accused party undertook to bear the medical costs but subsequently they resiled upon their promise and hence, the informant was compelled to lodge the FIR. 4. It appears that the FIR was lodged long after the date of alleged occurrence and compromise deed executed by the parties is also annexed to the instant petition. 5. The learned Additional Public Prosecutor submits that charge-sheet has already been submitted vide Charge-sheet No.198/2025 dated 25.11.2025. Page No.# 3/3 6. Having regard to the nature of the allegations and the fact that the investigation has been completed and the charge-sheet has been filed, it is not necessary to take the petitioners into custody. 7. The order of pre-arrest bail dated 17.11.2025 is hereby made absolute subject to the conditions : i) That the petitioner shall regularly participate in the trial, if on commences ; ii) That the petitioner shall not try to influence or intimidate the witnesses in any manner; iii) That the petitioner shall not hamper or tamper with evidence. 8. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant