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2025 DAILYLAW 13945 (GAU)

MONUJ DEY v. THE STATE OF ASSAM

Bail Appln./1917/2025 · 2025-07-18

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010124172025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1917/2025 MONUJ DEY S/O SHANKAR DEY R/O TEOK HABI GAON, P.S. SONARI, DIST. CHARAIDEO, ASSAM, PIN- 785690. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, Ms. R. R. BORAH,MR. A DEB Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.07.2025 1. Heard Mr. A. A. R. Karim, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor. 2. This application under section 483 BNSS 2023 has been filed by the petitioner, namely, Monuj Dey, who has been detained behind the bars since 07.04.2025 (for more than 100 days), in connection with Sonari P.S. Case No. Page No.# 2/3 124/2024, under Sections 113(2)(b)/113(3)/113(4)/147/148/149 of BNS read with Sections 10/13/16(1)(b)/17/18A/18B/20/39/40 of the UA (P) Act. 3. The learned counsel for the petitioner has submitted that the maximum period of detention which the statute prescribes under Section 487 of the BNSS for the offences involved in the above noted case is 60 days only, whereas the petitioner has completed more than the said period. It is also submitted that the charge-sheet has not yet been filed, hence, the petitioner is entitled to get the statutory bail under Section 487 of BNSS, 2023. 4. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Sonari P.S. Case No. 124/2024 and has submitted that the investigation has not yet been completed, whereas the maximum statutory period of detention under Section 487 of BNSS, in this case, has already lapsed. 5. In view of the submissions made by the learned counsel both sides, as the maximum statutory period of detention for under Section 487 of BNSS has already been lapsed, the petitioner is entitled to get statutory bail. 6. Accordingly, 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 Special Judge, Sonari, Charaideo, 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; Page No.# 3/3 7. This bail application is accordingly disposed of. JUDGE Comparing Assistant