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2025 DAILYLAW 14212 (GAU)

PRINKU CH DAS ALIAS PINKU DAS v. THE STATE OF ASSAM

Bail Appln./1939/2025 · 2025-06-12

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010127852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1939/2025 PRINKU CH DAS ALIAS PINKU DAS S/O PARESH DAS VILL AND P.O. SHIMULTAPU NO. 1, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN-783361 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 AMAN,J ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.06.2025 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 483 of BNSS 2023 has been filed by the petitioner, namely, Prinku Ch. Das @ Pinku Das who has been detained behind the bars since 15.05.2025 (for last 29 days) in connection with Gossaigaon P.S. Case Page No.# 2/3 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 the petitioner has already been detained behind the bars for last 29 days and in the meanwhile one of the co-accused, namely, Bhuban Das @ Badal Das has already been granted anticipatory bail by this Court by order dated 09.06.2025 passed in AB Case No. 1294/2025. 5. The learned counsel for the petitioner has submitted that in the meanwhile on 02nd of June, 2025, the matter has been amicably settled between the parties and an agreement has been executed by the informant wherein it is stated that the dispute has been amicably settled and the informant does not have any objection, if the present petitioner is granted bail. 6. On the other hand, the Additional Public Prosecutor has prayed for calling of the case diary. 7. However, considering the fact that on the basis of the said settlement/agreement between the informant and the accused person, one of the co-accused has already been granted anticipatory bail, moreover, the petitioner has already been detained behind the bars for last 29 days, hence, considering the entire facts of this case, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention Page No.# 3/3 may not be necessary for fair completion of the investigation of Gossaigaon P.S. Case No. 63/2025. 8. 8. 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 SDJM(M), Gossaigaon, 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; 9. This bail application is accordingly disposed of. JUDGE Comparing Assistant