Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10354 (GAU)

BANJIT BORAH v. THE STATE OF ASSAM

Bail Appln./1034/2025 · 2025-04-09

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010070852025 2025:GAU-AS:4597 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1034/2025 BANJIT BORAH S/O SRI HEMA BORAH R/O H/NO. 32,MOHORI CAMP, OKHAMATI,P.S.GOGAMUKH DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, S YESMIN,MR. J N SUWAI,MR K THAKUR,MR P SONOWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 10-04-2025 Heard Ms. S. Yesmin, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 17.02.2025 in connection with Cyber P.S. Case No. 02/2025 u/s 61(2)/318(4)/319(2)/336(3)/316(2) of BNS, 2023. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Ms. Yesmin, the learned counsel for the petitioner that the petitioner is behind the bars since last 53 days and hence considering his length of detention prayer for bail may be considered. However, the petitioner will appear before the Investigating Officer as and when his presence is required. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that earlier bail of the present petitioner was rejected vide order dated 24.03.2025 and considering the incriminating materials against the present petitioner, he may not be enlarged on bail. However, he submitted that some of the co-accused person is yet to be arrested in connection with the case which may take some more time and hence probability of filing of charge-sheet within the statutory period cannot be expected at this stage. 6. In view of this, without going into the detail of the merit of the case, only considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 7. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, Page No.# 3/3 namely Banjit Borah, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant