Page No.# 1/3 GAHC010075662025 2025:GAU-AS:4480 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1099/2025 RAHUL CHAUDHRI C/O KESHAN SINGHA, RESIDENT OF USHANAGAR, PS TEZPUR, DIST SONITPUR, ASSAM , PERMANENT ADDRESS ALIGARH, VILLAGE BISARAKHIR, UTTAR PRADESH. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 09.04.2025 Heard Mr. M. Hoque, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Tezpur P. S. Case No.134/2025, registered under Sections 120(B)/420/406 of IPC. It is submitted by Mr. Hoque, learned counsel for the petitioner, that the accused/petitioner is innocent and he is no way involved in the alleged offence. He was arrested on 26.02.2025 merely because he is a friend of the prime accused, namely Gauri Choudhury. He further submitted that from the FIR itself, it is evident that the case is of a civil nature and has been filed due to the non-execution of the sale deed by the co-accused, Gauri Choudhury. However, the FIR also shows that the said Gauri Choudhury had sent a legal notice promising to refund the entire dues along with Rs. 6 (six) lakhs towards interest. He submits that the accused/petitioner has been behind bar for the last 42 days, and thus, considering the length of his detention, he may be released on bail. Moreover, the I.O. got sufficient opportunity to interrogate him while keeping him in custody. Mr. Goswami, learned Additional Public Prosecutor, has submitted that the allegations against the accused/petitioner are revealed in grounds of arrest Nos. 6 and 7, showing his involvement in the alleged offence. However, he submitted that without perusing the case diary, he is not in a position to determine the actual involvement of the accused/petitioner and thus, he insisted to call for the Case Diary at this stage. Page No.# 3/3 Considering the submissions made by the learned counsels for both sides, as well as considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the accused/petitioner seems to be not necessary for the purpose of investigation. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Tezpur, Sonitpur, the accused/ petitioner, namely, Rahul Chaudhri, 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, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 Chief Judicial Magistrate, Tezpur, Sonitpur, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant