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2025 DAILYLAW 14610 (GAU)

SHRI ANIL BANIA v. THE STATE OF ASSAM

Bail Appln./1992/2025 · 2025-07-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010133232025 2025:GAU-AS:9504 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1992/2025 SHRI ANIL BANIA S/O- SRI DURGADHAR BANIA. R/O- VILL.- RANGCHALI. P.S.- BEHALI. P.O.- BEHALI. DIST.- BISWANATH, ASSAM. PIN-784166. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MS A DAS,MRS. R S DEURI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 BNSS, 2023 praying for grant of Page No.# 2/3 bail to the accused/petitioner, who has been arrested in connection with Behali P.S. Case No. 42/2025, under Sections 113(3)/152/196/197(1)/352/353 of the BNS, 2023. Case Diary is placed before the Court. Perused the same. It is submitted by Mr. Deuri, learned counsel that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, the petitioner was arrested on 25.04.2025 and the statutory period of 90 days is already over today. However, the petitioner is ready and willing to cooperate with the I.O. for further investigation of the case, if he is granted with the privilege of bail. Mr. Borthakur, learned Additional Public Prosecutor submitted that there are sufficient incriminating materials against the present petitioner. However, the I.O. could not file the Charge Sheet even after the lapse of 90 days. Considering the submissions made by the learned counsel for both sides and also considering the fact that the I.O. failed to file the Charge Sheet within the stipulated period, without going into the detail of the merit of the case, only considering the length of detention undergone by the petitioner, I find it a fit case to extent the privilege of bail to the accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Biswanath, Biswanath Chariali, the accused/petitioner, namely, Shri Anil Bania be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when Page No.# 3/3 called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Biswanath, Biswanath Chariali, without prior permission. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant