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2026 DAILYLAW 17378 (GAU)

BAPPI PAUL AND ANR v. THE STATE OF ASSAM

Bail Appln./4029/2025 · 2026-01-07

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010275352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4029/2025 BAPPI PAUL AND ANR S/O DINESH PAUL R/O VILL- TENGARGOOL, P.S. RAM KRISHNA NAGAR, DIST. SRIBHUMI, ASSAM, PIN-788722 2: TAPASH PAUL S/O DINESH PAUL R/O VILL- TENGARGOOL P.S. RAM KRISHNA NAGAR DIST. SRIBHUMI ASSAM PIN-78872 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P D NAIR, MR S R A NASER,MR. H ROHMAN,MR G ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.01.2026 Heard Mr. P.D. Nair, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Bappi Paul and Tapash 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. The learned counsel for the petitioners draws my attention to the length of detention and also submits that the memo of arrest under Section 36 BNSS does not bear signature of any witnesses. 6. In this context, the learned Additional Public Prosecutor draws my attention to the provisions of 36 BNSS and submits that in this case, the grounds have been conveyed properly to the accused as well as to their relatives in compliance with Section 47/48 BNSS. 7. I have gone through the detail narration in the charge sheet under the heading brief facts of the case. If these materials are accepted on face value, it would show the involvement of the accused persons along with others in committing the alleged offence of dacoity/robbery, during which the victims were also assaulted and tied up. Some of accused persons are also found to be involved in other criminal cases, the Page No.# 3/3 details of which have been given. From the charge sheet, it is also revealed that the alleged offences were also committed in connection with some other habitual offenders and some of whom are hiding in the area of Assam-Nagaland border. 8. I have given my consideration to the matter including the aspect of detention. Moreover, considering the manner of commission of the alleged offences and the fact that the examination of witnesses including the victim has not started – there might be some concern regarding their safety and proper deposition at this stage. Therefore, I am of considered view that – it would be prudent to refuse bail at this stage in view of larger interest of the matter. 9. In such view of the matter, the instant bail petition stands rejected at this stage. JUDGE Comparing Assistant