Page No.# 1/3 GAHC010102752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1561/2025 MOUSUM RAJKHOWA SON OF SRI ANIL RAJKHOIWA R/O MAJARATI GAON P.S. KAMPUR, DIST. NAGAON, ASSAM PIN-782001 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.05.2025 1. Heard Mr. K. Boruah, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 has been filed by the petitioner, namely, Mousum Rajkhowa who has been detained behind the bars since 26.04.2025 (for the last 28 days) in connection with Kampur P. S. Case No. 50/2025 under Section 120B/420/468/471 of the Indian Penal Code. 3. The gist of accusation in this case is that one Dilip Paul had on 03.04.2025 lodged an FIR before the Officer-in-Charge of Kampur Police Station, naming two accused therein, namely, Bibha Bora and Anil Rajkhowa, inter-alia, alleging that the accused No.1, in conspiracy with No.2, has obtained the NOC, which was in the name of the informant and, thereafter, forging the same had utilized it for executing sale deed in favour of accused No.2. 4. The learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and the sale deed was executed by his father only. 5. He further submits that the petitioner has been detained behind the bars for the last 28 days and considering the nature of offence involved in this case, further custodial detention of the petitioner may not be necessary. 6. Hence, he prays for allowing the petitioner to go on bail. 7. On the other hand, the learned Additional Public Prosecutor, Mr. R. J. Baruah, has vehemently opposed the grant of bail to the present petitioner on the grounds that the petitioner, in collusion with his father, has indulged in forging of the NOCs, not only in this case, but in many other cases as well as many sale deeds were recovered from the house of the present petitioner. 8. He also submits that in the meanwhile, the named accused, Anil Rajkhowa, is still awaiting arrest and release of the petitioner at this stage may hamper the investigation. 9. I have considered the submissions made by learned counsel for both Page No.# 3/3 the sides and perused the case diary of the Kampur P. S. Case No. 50/2025, which was called for in connection with this case. 10. Though, there are materials against the petitioner in the case diary, however, considering the progress in the investigation and considering the fact that the petitioner has been detained behind the bars for the last 28 days, his further custodial interrogation may not be necessary, if he cooperates in the investigation. 11. In view of the above discussion, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. 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 of the case before the Investigating Officer. iii. The petitioner shall appear before the Investigating Officer of Kampur P. S. Case No. 50/2025, once in every fortnight for the next two months or till the investigation is completed, whichever is earlier. 12. This bail application is, accordingly disposed of. 13. Send back the case diary. JUDGE Comparing Assistant