Page No.# 1/3 GAHC010075362025 2025:GAU-AS:4659 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1089/2025 CHINMOY DAS SON OF BHUPEN DAS, RESIDENT OF VILLAGE- RANI CHOWK, P.S. PALASHBARI,DISTRICT-KAMRUP,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 11.04.2025 Heard learned counsel Mr. A. Choudhury, for the petitioner Chinmoy Das who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 01.03.2025 in connection with Palashbari Police Station Case No. 72/2025 under Sections 61(2)/316(2)/318(4)/316(5)/351(3) of the BNS, Page No.# 2/3 2023 read with sections 21(1)(2)(3) of the BUDS Act, 2019. 2. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the case-diary against the petitioner. 4. Many people have invested their hard earned money and their money have been siphoned off by the petitioner and his associates. 5. I have scrutinized the case-diary. Indeed there are incriminating materials in the case-diary against the petitioner. 6. Learned counsel for the petitioner Chinmoy Das has submitted that the allegation of siphoning off money through illegal trading app is absolutely false. The petitioner has received money and the transactions are shown at Annexure-G of the petition. The bank statement clearly reveals that the money has also been paid back to the investors. Money was transacted through Zerodha and Dhan app which are registered under the SEBI and this is not a case of illegal trading app. The petitioner although booked under the BUDS Act is allegedly liable under bailable offence and not under the non-bailable sections registered against him. 7. I have considered the progress of investigation. It appears that bail may be granted to the petitioner. The petitioner is willing to co-operate with the investigation. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioner shall refrain from such activities with which he is alleged, and Page No.# 3/3 (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this bail application stands disposed of. 11. Send back the case-diary. JUDGE Comparing Assistant