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Sampak Kakati Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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Gauhati HC
2025
Sampak Kakati Vs the State of AssamSampak Kakati v. the State of Assam

Dismissed¶21

Sampak Kakati v. the State of Assam

Gauhati HC29 Oct 2025AB/2315/2025

Case brief

AI extract

What is this about?

AB/2315/2025 | Gauhati High Court | Justice Parthivjyoti Saikia | decided 30.10.2025 | second pre-arrest (anticipatory) bail application under Section 482 BNSS 2023 | petitioner Sampak Kakati | Nagaon P.S. Case No.1304/2022 | charge-sheet under Sections 341/302/34 IPC | petitioner yet to appear before Trial Court | new grounds unsatisfactory | bail application dismissed and disposed of.

What did the court decide?

The new grounds shown by the petitioner are not satisfactory in the light of the materials available on record. ¶20

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether pre-arrest bail should be granted to the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Nagaon P.S. Case No.1304/2022.

Court's answer

The new grounds shown by the petitioner are not satisfactory in the light of the materials available on record.

Ratio / Principle

Accordingly, the bail application stands dismissed and disposed of.

Detailed headnote1 paragraphs

Pre-arrest bail refused. Second application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Sampak Kakati for pre-arrest bail in Nagaon P.S. Case No.1304/2022, in which police filed the charge-sheet under Sections 341/302/34 of the Indian Penal Code; the petitioner was yet to appear before the Trial Court. Finding the new grounds shown not satisfactory in the light of the materials available on record, the Gauhati High Court (Hon'ble Mr. Justice Parthivjyoti Saikia) dismissed and disposed of the bail application by order dated 30.10.2025.

A

Page No.# 1/2

GAHC010206142025

2025:GAU-AS:14578

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

Case No. : AB/2315/2025

SAMPAK KAKATI S/O- BIPUL KAKATI.

R/O- MATAKGAON, P.O- SENCHOWA, NEAR SHIV MANDIR, P.S- NAGAON, DISTRICT- NAGAON, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

Advocate for the Petitioner : MR A SHARMA, MR I AHMED

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 30.10.2025

1. Heard Mr. A. Sharma, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.

2. This is the second bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail to the petitioner in Nagaon

Page No.# 2/2

P.S. Case No.1304/2022.

3. Police filed the Charge-Sheet under Sections 341/302/34 of the Indian Penal Code.

4. The petitioner is yet to appear before the Trial Court. The new grounds shown is not satisfactory in the light of the materials available on record

5. Therefore, this bail application stands dismissed and disposed of accordingly.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether pre-arrest bail should be granted to the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Nagaon P.S. Case No.1304/2022.¶16
The court held
The new grounds shown by the petitioner are not satisfactory in the light of the materials available on record.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023Section 482¶16
Indian Penal CodeSections 341/302/34¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Second bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail to the petitioner.¶16
Prior proceeding
The underlying criminal case is Nagaon P.S. Case No.1304/2022.¶18
Prior proceeding
Police filed the charge-sheet under Sections 341/302/34 of the Indian Penal Code.¶19
Prior proceeding
The petitioner has not yet appeared before the Trial Court.¶20

Parties & counsel

AI extract

petitioner
SAMPAK KAKATI S/O- BIPUL KAKATI¶6
MR A SHARMA, MR I AHMED
respondent
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM¶9
PP, ASSAM, K. K. Das

Coram

AI extract

Parthivjyoti Saikiaauthor¶12

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 29 Oct 2025 · October
Registered: 18 Sept 2025
Case no.: AB/2315/2025
CNR: GAHC010206142025
Topic: Anticipatory Bail
Bench: Parthivjyoti Saikia
Disposal: Disposed Of
Case type: AB

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Cite this judgement

Sampak Kakati v. the State of Assam, AB/2315/2025 (GAU), decided on 29 October 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bharatiya Nagarik Suraksha Sanhita, 2023Section 482
Indian Penal CodeSections 341/302/34

View all statutes

Procedural history4

Second bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail to the petitioner.
The underlying criminal case is Nagaon P.S. Case No.1304/2022.

View full history

Bench / Coram

Parthivjyoti Saikia

Parties & counsel