Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010122602025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1294/2025 BHUBAN DAS ALIAS BADAL DAS S/O LT. ABINASH DAS VILL AN DP.O. BARO BISHA P.S. KUMARGRAM DIST. ALIPURDUAR, WEST BANGAL, PIN-736207 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, R KHATUN,A A AHMED,MR. A W MONDAL,J ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 09.06.2025
1. Heard Mr. M. U. Mondal, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Bhuban Das @ Badal Das, who is apprehending his arrest in
Page No.# 2/3 connection with Gossaigaon P.S. Case No. 63/2025 under Sections 61(2)/ 308(5)/ 351(3)/ 324(4) of BNS. 3. The gist of accusation in this case is that one Md. Amzad Khan, on 14.05.225, had lodged an FIR before the Officer-in-charge of Gossaigaon Police Station, inter alia, alleging that he paid Rs.90,000/- (Rupees Ninety Thousand) to the accused Pinku Das through G-Pay mode in connection with Larva fish business. It is also alleged that the petitioner is not allowing the informant to do the business by illegally demanding money from the informant. 4. The learned counsel for the petitioner has submitted that no specific accusations have been levelled against the petitioner in the FIR. He submits that specific allegations are levelled only against the co-accused, namely, Pinku Das who has already been arrested. He also submits that in the meanwhile, on 02nd of June, 2025, an agreement was entered into between the informant as well as the petitioner whereby they have amicably settled their disputes and according to the said agreement, the informant does not have any objection if the present petitioner is granted anticipatory bail as the matter has already been amicably settled between them. 5. On the other hand, the Additional Public Prosecutor has prayed for calling of the case diary. 6. I have considered the submissions made by the learned counsel for both sides. 7. It appears from the FIR that though the petitioner has been named in the FIR as one of the co-accused, however, no specific accusation has been made against him in the said FIR. It also appears that after lodging of the FIR, the matter has been amicably settled between the informant and the present
Page No.# 3/3 petitioner and to that effect a compromise deed has also been executed on 04th of June, 2025. 8. In view of the facts, this Court is of considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Gossaigaon P.S. Case No. 63/2025. 9.
In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Gossaigaon P.S. Case No. 63/2025 within a period of seven days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest, in connection with the Gossaigaon P.S. Case No. 63/2025, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority 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;
10. This anticipatory bail application is accordingly disposed of.
JUDGE Comparing Assistant