Sapat Rabha Alias Sapar Chandra Rabha and Anr. Vs the… — Anticipatory Bail | Gauhati HC (2025)

Sapat Rabha Alias Sapar Chandra Rabha and Anr. Vs the… — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

No anticipatory bail granted; disposed of with an observation that the petitioners may appear before the Trial Court on 30.07.2025 and file a regular bail application there, if so advised.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who are apprehending arrest in connection with Special Witch Hunting Case No. 2/2024.

Court's answer

There is no legal basis for the petitioners' apprehension that they will be arrested if they appear before the Trial Court.

Ratio / Principle

The case is pending before the learned Special Judge, Kokrajhar, who has no embargo in considering and granting bail to the petitioners.

Key takeaways

The anticipatory bail application is devoid of any merit and is accordingly disposed of.ratio¶¶22
The petitioners may appear before the Trial Court on the next date fixed (30.07.2025) and, on their appearance, file a regular bail application before that Court, if so advised.ratio¶¶22

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Mridul Kumar Kalita), order dated 19-07-2025 in AB/1633/2025: An anticipatory bail application under Section 482 of the BNSS, 2023 by Sapat Rabha @ Sapar Chandra Rabha and Potheswar Rabha @ Partheshwar Rabha, each aged about more than 80 years, apprehending arrest in connection with Special Witch Hunting Case No. 2/2024 corresponding to Kozigaon P.S. Case No. 10/2019 under Sections 120(B)/447/342/325/307/302 of IPC read with Sections 4/5/7/9 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, pending before the learned Special Judge, Kokrajhar. The Trial Court had only issued summons to the petitioners, who were not arrested during investigation and had co-operated with it; their adjournment prayer was granted on 03.06.2025 and the next date fixed was 30.07.2025. Finding no legal basis for the apprehension of arrest upon appearance, and noting that the Special Judge, Kokrajhar has no embargo in considering and granting bail, the High Court disposed of the application as devoid of any merit, observing that the petitioners may appear on 30.07.2025 and file a regular bail application before that Court, if so advised.

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GAHC010151922025

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/1633/2025

SAPAT RABHA ALIAS SAPAR CHANDRA RABHA AND ANR SON OF LATE ADURAM RABHA RESIDENT OF VILL- MADATI PART-II, P.S. KAZIGAON, DIST. KOKRAJHAR, ASSAM.

2: POTHESWAR RABHA ALIAS PARTHESHWAR RABHA S/O LATE UJIL RABHA RESIDENT OF VILL- MADATI PART-II P.S. KAZIGAON DIST. KOKRAJHAR ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. A DAS,

Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 19-07-2025

1. Heard Mr. A. Das, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, Sapat Rabha @ Sapar Chandra Rabha and Potheswar Rabha @ Partheshwar Rabha who are apprehending their arrest in connection with Special Witch Hunting Case No. 2/2024 corresponding to Kozigaon P.S. Case No. 10/2019 under Sections 120(B)/447/342/325/307/302 of IPC read with Sections 4/5/7/9 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015.

3. The learned counsel for the petitioners has submitted that both the petitioners are aged about more than 80 years and they were not arrested during the course of investigation though they have co-operated in the investigation. He further submits that the Trial Court had issued summons to both of them and on 03.06.2025 the engaged counsel for the petitioner filed an application before the Trial Court showing cause of their absence and praying another date for their appearance which has been allowed and the next date is fixed on 30.07.2025.

4. The learned counsel for the petitioners submits that they apprehend that on their appearance before the Trial Court it may send them to custody. It appears from the record that the case is pending before the Court of learned Special Judge, Kokrajhar who has no embargo in considering and granting bail to the petitioners if the case is found fit to be granted bail to them.

5. It also appears that the Trial Court has only issued summons to them even their prayer for adjournment was granted on last occasion i.e., 03.06.2025 there

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appears to be no legal basis which has caused the apprehension in the mind of the petitioners that they will be arrested if they appear before the Trial Court.

6. This anticipatory bail application is devoid of any merit and same is accordingly disposed of with an observation that the petitioners may appear before the Trial Court on the next date fixed i.e., on 30.07.2025 and on their appearance they may file regular bail application before the said Court, if so advised.

JUDGE

Comparing Assistant