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2025 DAILYLAW 13784 (GAU)

NITIN KUMAR SINGH v. THE STATE OF ASSAM

Bail Appln./1896/2025 · 2025-06-10

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010122222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1896/2025 NITIN KUMAR SINGH S/O- MANOJ KUMAR SINGH. VILL.- JAITHAR. P.O.- MASRAKH. P.S.- MASRAKH. DIST.- SARAN, BIHAR VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. F. Haque, the learned counsel for the petitioner. Also heard Mr. M. P. Goswami, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This bail application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Nitin Kumar Singh, who has been detained behind the bars since 13.04.2025 (for the last 89 days) in connection with Goalpara P. S. Case No. 66/2025 under Sections 318(4)/336(3) of the BNS, 2023. 3. The gist of accusation in this case is that on 07.04.2025, one Amar Ram Das, Superintendent of State Tax, Goalpara, had lodged an FIR before the Officer-in-Charge of Goalpara Police Station, that on 07.04.2025, a tractor bearing Registration No. AN01AC5129 was intercepted while it was carrying Panmasala and Zarda. However, the driver failed to show the documents for carrying the goods at that time. 4. On the next day, at about 3.00 pm, a person came to the office of the informant and submitted a letterhead bearing initials of Rupesh Gawla, Minister of Assam. 5. It is alleged that the said letterhead is a forged document. 6. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged against him. 7. He further submits that the petitioner has been detained behind bars for last 89 days and the maximum statutory period of detention for the offence involved in this case is only 60 days. Hence, he prayed for allowing the petitioner to go on bail. 8. On the other hand, Mr. D. P. Goswami, the learned Additional Public Prosecutor has produced the case diary of Goalpara P. S. Case No. 66/2025, and has submitted that there are sufficient incriminating material in the case diary against the petitioner. 9. However, he also submits that the maximum period of detention in connection with the offence involved in this case is only 60 days. Page No.# 3/3 10. I have considered the submissions made by the learned counsel for both sides and have perused the case diary of Goalpara P. S. Case No. 66/2025. 11. Though there are incriminating materials against the petitioner, however, considering the fact that the maximum period of detention which the statute prescribes in the case involved in the present case is only 60 days, whereas the petitioner has already completed 89 days of behind the bars. 12. Hence, considering the period of detention, 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 Chief Judicial Magistrate, Goalpara subject to the following conditions: i. That the petitioner 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. 13. This bail application is, accordingly disposed of. 14. Send back the case diary. JUDGE Comparing Assistant