Allowed

Ashim Das and 5 Ors. v. the State of Assam

Gauhati HC16 Nov 2025AB/2305/2025

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in a 2014 assault-cum-murder case where the charge-sheet was filed only after 10 years while they remained at liberty. Noting no eyewitness and the long delay in filing the charge-sheet, the court allowed pre-arrest bail subject to appearance at trial.

What did the court decide?

Pre-arrest bail granted; interim bail order dated 19.09.2025 made absolute upon same conditions, with direction to appear at trial.

Ashim Das and 5 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010214692025

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

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Case No. : AB/2305/2025

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ASHIM DAS AND 5 ORS.

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LATE NIMCHAND DAS

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R/O CHANDMARI ROAD, TV CENTRE, AHMED CAR SARANI, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788803

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2: KRISHNADHAN DAS

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SON OF LATE NIMCHAND DAS R/O CHANDMARI ROAD TV CENTRE AHMED CAR SARANI P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN-788803

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3: SABITA DAS W/O KRISHNADHAN DAS R/O CHANDMARI ROAD TV CENTRE AHMED CAR SARANI P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN-788803 4: KABITA DAS @ BABITA DAS W/O SADHANDAS R/O CHANDMARI ROAD TV CENTRE AHMED CAR SARANI P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM

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PIN-788803

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5: SUMITRA DAS @ CHOUDHURY SON OF RAM DAS R/O MALINIBEEL JOY DURGA COLONY P.O. ANDP.S. SILCHAR DIST. CACHAR ASSAM PIN-788803. 6: USHA RANI DAS WIFE OF RAM DAS R/O MALINIBEEL JOY DURGA COLONY P.O. ANDP.S. SILCHAR DIST. CACHAR ASSAM PIN-788803 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M H SAIKIA, R ALI,MR. M R SODIAL

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 17.11.2025

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Heard Mr. M.R Sodial, learned counsel for the petitioner. Also heard Ms. N Das, learned Additional Public Prosecutor for the State of Assam.

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This petition under Section 482 BNSS is filed by the petitioners, namely,

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(1) Ashim Das (2) Krishnadhan Das (3) Sabita Das (4) Kabita Das @ Babita Das (5) Sumitra Das @ Choudhury (6) Usha Rani Das , apprehending arrest in connection with PRC Case No. 3196/2024 arising out of Silchar PS Case No. 2759/2014 registered u/s 341/325/307/34 IPC later

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on added Section 302 IPC pending before the court of learned SDJM (S), Cachar, Silchar.

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The allegations briefly put is that on 19.10.2014 at around 9:10 PM, when the younger brother of the informant was returning from Silchar after work, the accused persons assaulted him with deadly weapons and caused grievous injuries to him. But, upon hearing hue and cry of the nearby people, the accused fled the scene and as a result of the injuries, the brother of the informant died in hospital. Hence, the case.

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The case is of the year 2014 and the charge-sheet has been submitted on 19.10.2024 i.e. after about 10 years.

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It is further submitted during this period, the police never came looking for the petitioners but, submitted the charge-sheet showing them as absconders.

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I have perused the Case Diary and it appears that there is no eyewitness to the incident.

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Having regard to the fact that the charge-sheet has been filed long 10 years after the lodging of the FIR during which period the petitioners were at liberty and also having regard to the materials available in the Case Diary, it is not necessary for the petitioners to be taken into custody.

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Accordingly, the prayer for pre-arrest bail is allowed. The order of interim pre-arrest bail dated 19.09.2025 is hereby made absolute upon the same conditions.

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It is further provided that the petitioners shall regularly appear at the trial if one commences.

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Petition stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Ashim Das and 5 Ors. v. the State of Assam

Case brief

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Ashim Das and 5 Ors. v. the State of Assam

Case brief

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