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2026 DAILYLAW 16957 (GAU)

RAMEN SARKAR v. THE STATE OF ASSAM

Bail Appln./2751/2026 · 2026-10-14

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010207022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2751/2026 RAMEN SARKAR SON OF SHYAMAL SARKAR RESIDENT SINGIMARI NEAR KALI MANDIR P.O. ALIKASH P.S. GOROIMARI IN THE DISTRICT OF KAMRUP ASSAM PIN 781137. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. M R SODIAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.10.2026 Heard Mr. MR Sodial, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Goroimori PS Case No. 44/2026 registered under Section 74/118(2)/3(5) of BNS, 2023. The FIR in connection with which the petitioner was arrested on 25.08.2026 was lodged by the victim herself stating inter alia that her husband owes Rs. 2,000/- from the petitioner and that when her husband went to ask for the money, the petitioner threatened and abused him. She further stated that when she went and asked for the money owed by her husband from the petitioner, the petitioner along with the accused no.2 had manhandled her and assaulted her due to which, she sustained injuries. 3. The learned Counsel for the petitioner submits that the story narrated in the FIR is a concocted story and that no injuries were sustained by the informant. He further submits that the petitioner has been inside the jail for the last 51 days and as such bail be granted to him. 4. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor for the State on perusal of the Case Diary submits that the informant had in fact sustained injuries from the said incident and that the independent witnesses have stated about the assault being made upon the informant. 5. Upon considerations of the submissions made by the learned Counsels for the parties, more so in view of the fact that the petitioner has been inside the jail for the last 51 days and cyclostyled statements were made by all the Page No.# 3/3 independent witnesses as could be seen from the Case Diary, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the CJM, Kamrup(Amingaon) under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant