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2025 DAILYLAW 14390 (GAU)

JHANTU SAHA ALIAS RAJ v. THE STATE OF ASSAM

Bail Appln./1963/2025 · 2025-06-16

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010130552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1963/2025 JHANTU SAHA ALIAS RAJ S/O LATE SAMIR SAHA R/O KALAPAHAR PAHARTOLI, HOUSE NO. 707(B), P.S. FATASIL AMBARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.06.2025 Heard Mr. SM Abdullah P, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This application has been filed under Section 483 of the BNSS, 2023 whereby the petitioner Jhantu Saha @ Raj has prayed for releasing him on bail after he was arrested in connection with Paltanbazar P.S. Case No.104/2025. 3. The informant herein rents out vehicles to different persons. 4. A person called Jintu Deka hired a vehicle from the informant for 10(ten) days. The rent of the vehicle was fixed at ₹2,500/- per month. 5. Thereafter, Jintu Deka handed over the vehicle to the present petitioner and the petitioner handed over the vehicle to two persons from Manipur. 6. The petitioner already paid ₹1,41,000/- (Rupees One Lakh Forty-One Thousand) in different installments to the informant. Thereafter, the petitioner could not be found. Therefore, the informant lodged the FIR before police praying for his money as well as his vehicle are to be recovered. 7. Mr. Abdullah P submits that the present petitioner was actually in jail in another case and therefore, lost contact with the informant. According to Mr. Abdullah P, this petitioner has already paid ₹1,41,000/- to the informant and he is ready to pay the remaining amount also. He further submits that after arrest of the petitioner in this case, it is not possible for him to pay the remaining amount to the informant. 8. The present petitioner has already spent 45 days in judicial custody. 9. Mr. Parasar has pressed for calling for the Case Diary. 10. I have considered the submissions made by the learned counsel of both sides. 11. Under the given circumstances, this Court is of the opinion that the petitioner no longer deserves to be detained in custody for a further period of time. His bail application is allowed. 12. The petitioner Jhantu Saha @ Raj who was arrested in connection with Paltanbazar P.S. Case No.104/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Page No.# 3/3 Kamrup (M), Guwahati. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant