Page No.# 1/4 GAHC010142062025 2025:GAU-AS:9376 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2103/2025 PREETOM HATI BARUAH S/O DILIP HATI BARUAH LAHDOIGARH CHARIALI, P.O.LAHDOIGARH P.S. TEOK DIST. JORHAT, ASSAM PIN-785700 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S S GOSWAMI, MS. R DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.07.2025 1. Heard Mr. S.S. Goswami, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Shri Preetom Hati Baruah, who has been detained behind the bars since 23.05.2025 (for the last 59 days) in connection with Biswanath Chariali P.S. Case No. 105/2025, under Sections 61(2)/318(4)/316(2)/318(2) of BNS read with Sections 43/66C/66D I.T. Act, 2000. 3. The gist of accusation in this case is that on 23.05.2025 one Rajdeep Newar S.I. of Police had lodged an FIR before the Officer-in- Charge of Biswanath Chariali Police Station, inter alia alleging that on receipt of an information through reliable source regarding a network of culprits involved in illegal money transactions in various parts of Assam and a search team was constituted and accordingly, the persons named in the FIR, including the present petitioner were apprehended on suspicion of their involvement in illegal financial transaction network. 4. The learned counsel for the petitioner has submitted that though the accusation has been made in the FIR against the petitioner that he is also involved in illegal financial transaction and also involved in using messaging application “telegram” for executing such illegal transaction, however, the petitioner does not have any telegram messaging application in his mobile. He further submits that the mobile phone of the petitioner has already been seized. He has also submitted that in the meanwhile, some of the co-accused against whom accusation has been made in the FIR and they have been shown as main accused in the offence alleged in the FIR, like Hedayat Ullah and Ibrahim Ali have already been granted bail by a co-ordinate bench of this Court in Bail Application No. 2174/2025 as Page No.# 3/4 well as Bail Application No. 2215/2025 respectively. 5. The learned counsel for the petitioner has submitted that the maximum statutory period of detention under Section 487 of the BNSS, 2023 for which the petitioner may be detained behind the bars in connection with the offences involved in this case, is only 60 days, whereas, as on date he has already completed 59 days behind the bars. 6. The learned counsel for the petitioner, thus submits that considering the period of detention undergone, he may be allowed to go on bail. 7. It is also submitted that the petitioner is ready to co-operate in the investigation, if he is allowed to go on bail. 8. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Biswanath Chariali P.S. Case No. 105/2025, and has submitted that there are sufficient incriminating materials in the Case Diary against the present petitioner. He, however, has fairly submitted that under the offence involved in this case, an accused may be detained behind the bars, during the period of investigation, for only 60 days, whereas the petitioner has already completed 59 days under the detention. 9. I have considered the submission made by the learned counsel for both sides. 10. Though sufficient incriminating materials are there against the petitioner in the Case Diary, however, considering the period of detention Page No.# 4/4 undergone by the petitioner (59 days) and also considering the fact that the offence involved in this case entails maximum detention during investigation for a period of 60 days only, further custodial detention of the petitioner may not be necessary. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Biswanath with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 11. Send back the Case Diary. 12. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant