Page No.# 1/4 GAHC010099792025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1557/2025 ARVIND KUMAR, SON OF SRI RAMESH KUMAR, RESIDENT OF VILLAGE - KHARIENTI, TEHSIL - JULANA, P.S. JULANA, DISTRICT - JIND, HARYANA. VERSUS THE STATE OF ASSAM REP, BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.05.2025 1. Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Arvind Kumar, who has been detained behind the bars since 20.04.2025 in connection with Azara P.S. Case No. 71/2025 under Sections Page No.# 2/4 319(2)/318(4) of BNS. 3. The gist of accusation in this case is that on 20.04.2025, one Preetam Bhattacharjee, Centre Superintendant, CBSE Recruitment Exam of St. Claret School, Borjhar had lodged an FIR before the Officer-in-charge of Azara Police Station that the present petitioner was found appearing in examination by impersonating as Vijay against Roll No. 102105446. 4. The learned counsel for the petitioner has submitted that the petitioner was not furnished with the notice under Section 35(3) of BNSS at the time of his arrest. He also submits that out of the two offences which are involved in this case, namely, impersonation and cheating, one of the offence is bailable and in the meanwhile, the petitioner has already been detained behind the bars for 32 days. Therefore, he prays for bail on the ground of his period of detention. He also submits that in this case as the petitioner was apprehended red-handed and as no police custody was sought for, there may not be any necessity of any further custodial detention. 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the petitioner on the ground that the petitioner hails from Haryana and he is not an inhabitant of the State of Assam. He also submits that as the petitioner was caught red-handed, therefore, the notice under Section 35 was not furnished to him. He also submits that one of the co-accused for whom the petitioner had appeared in examination, namely, Vijay has not been apprehended. 6. I have considered the submissions made by the learned counsel for both the sides. 7. In this case, the petitioner was apprehended red-handed and at the Page No.# 3/4 time of his arrest, his biometrics, i.e., fingerprints were obtained. It also appears that the petitioner has been detained behind the bars for the last 32 days and apart from apprehension of the person for whom the petitioner was appearing in the examination, the investigation has fairly progressed. 8. Considering the above facts, this Court is of opinion that if the petitioner co-operates in the investigation, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of like amount to the satisfaction of the learned Chief Judicial, Kamrup(M) with following conditions:- i. That the petitioner shall cooperate in the investigation of the Azara P.S. Case No. 71/2025; ii. That the petitioner shall appear before the Investigating Officer of the Azara P.S. Case No. 71/2025 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; v. That the petitioner shall not leave the jurisdiction of the Court of learned Chief Judicial Magistrate, Kamrup(M) without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and Page No.# 4/4 vi. That the petitioner shall not commit any offence while on bail. 9. With the above observations, this bail application is disposed of. 10. Send back the case diary. JUDGE Comparing Assistant