Page No.# 1/4 GAHC010105532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1641/2025 TRIDIP KALITA S/O DHARMESWAR KALITA R/O VILL- GUREWAR, KAMALPUR P.S. KAMALPUR DIST. KAMRUP (R), ASSAM PIN-781352. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, B KALITA,MR. A K DAS,MS. U NANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.06.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS 2023 has been filed by the petitioner, namely, Tridip Kalita, who has been detained behind the bas since 10.05.2025 (for last 32 days) in connection with Paltan Bazar P.S. Case No. Page No.# 2/4 148/2025 under Section 314/318(4)/103(1) of BNS. 3. The gist of accusation in this case is that on 09.05.2025, one Mantu Ram Kalita had lodged an FIR before the Officer-in-charge of Paltan Bazar Police Station, inter alia, alleging that the petitioner who is also an employee of APDCL had cheated the brother of the first informant in various way by taking money from him and by using his ATM Card as well as Paytm online App. It is stated in the FIR that the deceased took a loan of Rs.10,00,000/- (Rupees Ten Lakh) and out of the said loan amount, maximum amount was misappropriated by the present petitioner. It is also stated in the FIR that on 09.05.2025, at about 7:00 AM, the brother of the deceased spoke to the informant informing him that the present petitioner had physically assaulted him. Later on, the informant came to know that his brother has committed suicide. He lodged the FIR suspecting that the present petitioner as well as other officials involved in the death of his brother. 4. The learned counsel for the petitioner has submitted that he allegations levelled against the petitioner in the FIR are not true. He submits that though the case has been registered under Section 103 of BNS, however, the FIR itself shows that the death of the brother of the informant was due to suicide and, therefore, no case under Section 103 of BNS has been made out. 5. The learned counsel for the petitioner has further submitted that the petitioner has been detained behind the bars for last 32 days and considering the length of detention, he may be allowed to go on bail. 6. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the petitioner and has produced the case diary of Paltan Bazar P.S. Case No. 148/2025. He submits that though the post-mortem examination report suggest that the deceased died due to asphyxia as a result of suicidal hanging, however, the investigation regarding fraudulently using the ATM Card of the Page No.# 3/4 deceased by the petitioner is still on, as some CCTV footage are yet to be collected. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Paltan Bazar P.S. Case No. 148/2025. 8. As regards the allegations of murder against the present petitioner is concerned, the investigation made so far does not indicate any ingredient of Section 103 of BNS in the instant case as the evidence shows that the death of the deceased was due to suicidal hanging. 9. As regards the allegation regarding misappropriation is concerned, though the investigation is still progressing, however, considering the fact that the petitioner has been detained behind the bars for last 32 days, this Court is of considered opinion that if he co-operates in the investigation, his further custodial interrogation may not be necessary for fair completion of investigation of Paltan Bazar P.S. Case No. 148/2025. 10. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) 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; (ii) That the petitioner shall co-operate in the investigation; 11. This bail application is accordingly disposed of. Page No.# 4/4 12. Send back the case diary. JUDGE Comparing Assistant