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2025 DAILYLAW 11085 (GAU)

SRI RAJU MANDAL v. THE STATE OF ASSAM AND ANR.

Bail Appln./1274/2025 · 2025-04-27

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010082982025 2025:GAU-AS:5130 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1274/2025 SRI RAJU MANDAL S/O-MAHENDRA MANDAL, R/O-VILL-KOPOUJARI (KARMARI),P.S- MAYONG, DIST-MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SMTI SANGHAMITRA BISWAS D/O-SUNIL KUMAR BISWAS R/O-VILL-2 NO. BURGAON P.S-MAYONG DIST MORIGAON ASSA Advocate for the Petitioner : MR. R SARMA, MR P DAS,MR. J K ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28-04-2025 Heard Mr. J.K. Roy, the learned counsel for the petitioner and also heard Ms. Page No.# 2/3 N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1. 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 25.02.2025 in connection with Mayong P.S. Case No. 23/2025 u/s 296/77/308(2)/316(2)/351(2)/79 of BNS, 2023 R/W Section 66(E)/67 of IT Act. 3. It is submitted by Mr. Roy, the learned counsel for the petitioner that the present accused/petitioner and the victim had a long love relationship but subsequently when her marriage was fixed with another person she lodged the FIR with some false and concocted allegation. He further submitted that accused is behind the bars since last 25.02.2025 and today is the 61 days in his custody but the Investigating Officer failed to furnish charge-sheet and hence considering length of detention, he may be enlarged on bail. However, the petitioner is ready and willing to co-operate with the Investigating Officer regarding further investigation of this case. 4. Ms. N. Das, the learned Additional Public Prosecutor submitted in this regard that Case Diary will reveal the actual fact of the case. However, she submitted that the Investigating Officer could not file the charge-sheet till date in spite of lapse of statutory period. 5. Considering the submissions made by learned counsel for both sides and without going into detail of the merit of the case, I find it a fit case to allow the petitioner to go on bail considering the length of detention already undergone by the petitioner. 6. 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 Page No.# 3/3 to the satisfaction of the learned CJM, Morigaon. The accused/petitioner, namely Raju Mandal, 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 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 CJM, Morigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant