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2026 DAILYLAW 14527 (GAU)

RAJIB DAS v. THE STATE OF ASSAM

AB/2245/2026 · 2026-09-15

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010202002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2245/2026 RAJIB DAS S/O BUPEN DAS, HOUSE NO. 36, GEETANAGAR, AMAYAPUR PATH, M.T. ROAD, GUWAHATI-781020, DISTRICT-KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.09.2026 Heard Mr. K. Mira, the learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Gorchuk P.S. Case No. 214/2026 registered under Sections Page No.# 2/3 303(2)/317(2) of the BNS, 2023, corresponding to G.R. Case No. 3596/2026. 3. The FIR, in connection with which the petitioner is arrested was lodged on 01.01.2026, by the authorized signatory of Mukand Infotel Private Limited, stating inter alia that, large quantity of optical fibre cable belonging to the said company was stolen from the warehouse at Boragaon. It is further stated that, an inquiry was conducted and it was found out that, one Mr. Gautam Deka and other personnel are involved in the offence. Few purchasers were also indentified and from their statement, it became clear that the main accused Mr. Gautam Deka had sold the said articles to them. 4. The learned counsel for the petitioner, submits that the petitioner is an employee of the said company and the police have gone to his residence in search of him with the purpose to arrest him and as such, he apprehends arrest. However, the learned counsel submits that the petitioner is no way involved in the offence that has been narrated in the FIR. 5. Mr. B. Sarma, the learned Addl. Public Prosecutor, for the State, however, submits that during inquiry and investigation of the instant case, the police found out complicity of certain offenders and have called the petitioner for questioning about the same. 6. Upon considerations of the submissions made by the learned counsels, more so, in view of the fact that, name of the petitioner did not figured in the FIR, this Court deems it fit, to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) of the like amount to the satisfaction of the Arresting Authority under the following conditions: Page No.# 3/3 (i) The petitioner shall appear before the Arresting Authority within 10 days from the date of this order. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 7. The AB Application is disposed of. JUDGE Comparing Assistant