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2025 DAILYLAW 11799 (GAU)

ARBIND CHOUHAN v. THE STATE OF ASSAM

Bail Appln./1394/2025 · 2025-05-07

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010093612025 2025:GAU-AS:5663 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1394/2025 ARBIND CHOUHAN S/O-RAM SUCHIT CHOUHAN R/O. LALGANESH, KRISHNA NAGAR NEAR JOY DUTTA PRESS P.S. FATASIL AMBARI DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, MRS S A CHOUDHURY,N CHAKRABORTY,MS A AFREEN,MS. S DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.05.2025 1. Heard Mr. I. Rafique, learned counsel for the petitioner and Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the opposite party/respondent. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, ARBIND CHOUHAN, who is detained behind the bars since 23.04.2025 in connection with Bongaigaon GRPS Case No.57/2025 registered under Sections 305(B) of BNS, 2023. 3. The gist of accusation in this case is that on 23.04.2025, one Rabindra Roy, SI/RPF/NBQ, had lodged an FIR before the Officer-in-Charge/GRP of Bongaigaon, GRPS, Bongaigaon, inter alia, stating that the present petitioner had stolen a mobile phone (Apple Iphone 14) and the same was recovered from his possession. 4. Learned counsel for the petitioner has submitted that the petitioner has been languishing in jail since last 15 days and the FIR itself shows that the stolen mobile phone has already been recovered. In view of the said fact, he prays for allowing the petitioner to go on bail. 5. I have heard the submissions made by the learned counsel for both the sides. 6. Since the stolen mobile phone has already been recovered and as the petitioner has been detained behind the bars since last 15 days as well as considering the nature of offence involved in this case, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of said Bongaigaon GRPS Case No.57/2025. 7. In view of the above, the aforesaid petitioner, namely, ARBIND CHOUHAN is allowed to go on bail of Rs. 30,000/- (Rupees Thirty thousand only) with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon with the following condition that :- (i) The petitioner shall co-operate with the investigation, (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who Page No.# 3/3 may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 8. With the above observation, this bail application is disposed of accordingly. JUDGE Comparing Assistant