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2026 DAILYLAW 15202 (GAU)

BAPPI PAUL AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./2265/2026 · 2026-09-28

Pranjal Das

body2026

Judgment text

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Page No.# 1/4 GAHC010166482026 2026:GAU-AS:14509 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2265/2026 BAPPI PAUL AND 2 ORS. S/O DINESH PAU R/O. VILL- TENGARGOO P.S. RAM KRISHNA NAGAR, DIST. SRIBHUMI, ASSAM 2: TAPASH PAUL S/O DINESH PAUL R/O. VILL- TENGARGOOL P.S. RAM KRISHNA NAGAR DIST. SRIBHUMI ASSAM 3: SAURAV PAUL S/O BAJAN PAUL R/O DALU PART -II P.S. RAM KRISHNA NAGAR DIST. SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. J GHOSH,P SHARMA,MS. R DEVI,MR. P S BISWAS,MR A IKBAL,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS Page No.# 2/4 O R D E R 29.09.2026 Heard Mr. S.C. Biswas, the learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Addl. P.P. appearing for the State respondents. 2. This subsequent bail application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Bappi Paul, Tapash Paul and Saurav Paul, have prayed for bail in connection with Ram Krishna Nagar P.S. Case No. 56/2025 under Section 310(2)/311/115(2) of BNS, 2023. 3. The petitioners were arrested on 19.07.2025 and 20.07.2025 respectively in connection with this case. 4. The allegation in the FIR was about dacoity in the house of the informant, during which they also caused assault and harm. Investigation resulted in a charge sheet and it is submitted that the case is at the stage of appearance, poised for framing of charges. 5. This is a subsequent bail petition as the two earlier bail petitions were rejected by this Court on 12.05.2026 passed in Bail Appln. No. 816/2026. 6. The scanned TCR as called for has been received, 7. It appears that, though the case has been committed, but trial has not yet begun. 8. I have perused the discussion, narration and discussion in para-10 of the last rejected order regarding examination of some witnesses and at that time the trial had not commenced. 9. It is submitted that except the present petitioners, the others have already Page No.# 3/4 been granted bail at different stages. It is submitted on behalf of the present petitioners that they shall abide by any conditions. 10. Though, it was mentioned in the last order that it would have been better for to consider bail after examination of some crucial witnesses; however, as, as on today, as the trial has not yet started, the said view expressed in the previous bail application can perhaps be revisited. 11. The prosecution continues to oppose the grant of bail to the petitioners, as the trial has not yet started. 12. Given my anxious consideration to the entire matter and I have come to the considered opinion that the bail perhaps can be considered for these three accused persons also. However, suitable conditions have to be imposed to address the concerns, if any. 13. Accordingly, the petitioners are hereby allowed to go on bail of Rs.50,000/- each with one surety of the like amount each to the satisfaction of the concerned learned Court with the following conditions are imposed:- (i) The accused persons shall not abscond; (ii) They shall be available during the trial; (iii) They shall not in any manner hamper or tamper with evidence; (iv) They shall not in any manner try to intimidate or threaten or harass or influence witnesses; (v) They shall not in any manner intimidate or threat or harass or harm the informant or his family members, (vi) They shall not misuse their liberty to commit any illegal activities or offences. Page No.# 4/4 14. In case of violation of the bail conditions, the prosecution or the informant would be at liberty to move an appropriate application before this Court or the learned trial court for cancellation of the bail. 15. Further, a copy of this order shall be furnished to the O.C. of the Ram Krishna Nagar Police Station, who in turn shall bring to the notice of the informant the aforesaid conditions of bail. 16. The bail petition stands allowed and disposed of. 17. Send back the case diary. JUDGE Comparing Assistant