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2026 DAILYLAW 14892 (GAU)

RAHUL GUPTA v. THE STATE OF ASSAM

Bail Appln./2844/2026 · 2026-09-21

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010203302026 2026:GAU-AS:13986 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2844/2026 RAHUL GUPTA S/O KAILASH GUPTA, R/O ALUPATTY NEAR V MART SHOPPING MALL, GF ROAD, PS AND DIST GOLAGHAT, ASSAM, PIN 785702 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, V KHAKHALARY,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 22.09.2026 Heard Ms. J. Singpho, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Jorhat PS Case No. 285/2026, registered under Sections 305(a), 317(2), 317(5), 56, 61(2), 3(5) of BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner was arrested on 24.08.2026, was lodged by one, Jay Kumar Agarwalla, stating inter alia, that when he and his wife were away at Pune, their son, aged about 25 years had taken various articles including jewelleries from their home and sold it to others, who had ultimately sold it to the jeweller, i. e. the petitioner. The learned counsel for the petitioner submits that, the petitioner was not aware that the jewellery sold to him by the accused person was stolen articles and that he came to know about the offence much later. She submits that the petitioner has no connection, whatsoever with the removable or selling of the jewelries. 4. Mr. R. J. Baruah, the learned APP, for the State, however, submits that the articles were removed and were sold to various persons including the petitioner and that, the contents of the Case Diary be looked into in order to see, whether the petitioner knew that he purchased stolen articles and that, he is also involved in the offence. 5. Upon consideration of the submissions made by the learned counsels, more so in view of the fact, that no specific allegation has been mentioned in the FIR as well as the forwarding report to the effect that, petitioner knew that the articles were stolen, this Court deems it fit, to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) of the like amount to the satisfaction of the CJM, Jorhat under the following conditions: (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence Page No.# 3/3 of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 6. The Bail Applications stands disposed of. JUDGE Comparing Assistant