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2025 DAILYLAW 15640 (GAU)

SHUNTI DAS v. THE STATE OF ASSAM

Bail Appln./2237/2025 · 2025-07-23

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010149832025 2025:GAU-AS:9637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2237/2025 SHUNTI DAS SON OF ROHILAL ROBI DAS R/O LAHORIGHAT P.O. AND P.S. LAHORIGAON, DIST. MORIGAON, ASSAM PIN-782127. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MS. T SOM, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.07.2025 1. Heard Ms. T. Som, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing Page No.# 2/4 for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Shunti Das, who has been detained behind the bars since 05.07.2025 (for the last 20 days)in connection with CID P.S. Case No. 04/2025, under Sections 61(2)/318(4)/336(3)/340(2) of BNS, 2023. 3. The gist of accusation in this case is that on 10.02.2025, one Bhaskar Jyoti Sarmah had lodged an FIR before the Additional Director General of Police, Criminal Investigation Department (CID), inter alia, alleging that certain miscreants are circulating a fake letter with forged signatures of the first informant to various divisions under the Water Resources Department. 4. The learned counsel for the petitioner has submitted that the petitioner was having business relationship with one Ranjan Pegu and there used to be monetary transactions between both of them. 5. The learned counsel for the petitioner submits that the petitioner was called to the CID P.S. on 5th July, 2025 and when he went there, he was arrested on accusation that he has connivance with other co-accused persons and took money on the pretext of providing job to the prospective candidates in the Water Resources Department of Assam. 6. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of CID P.S. Case No. 04/2025, and has vehemently opposed the grant of bail to the petitioner on the ground that there are several persons involved in the racket of issuing fake Page No.# 3/4 appointment letter and collecting money on assurance of providing employment as Muster Roll/Work Charged employees in the Water Resources Department. 7. He submits that there are materials in the Case Diary to indicate that the present petitioner had also collected money from the prospective candidates and have paid the said money to prime accused Ranjan Pegu. He further submits that the fake appointment letter was also annexed. The investigation as regarding who had forged the signatures of the Chief Engineer, Water Resources Department in the fake appointment letter is not yet completed and if the petitioner is granted bail at this stage, it would hamper the investigation. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary which was produced by the learned Additional Public Prosecutor. 9. On perusal of the Case Diary, it appears that there are sufficient incriminating materials against the present petitioner therein in the Case Diary. Moreover, the investigation is at a very crucial stage, therefore, this Court is of the considered opinion that considering the incriminating materials available against the petitioner as well as, the stage of the investigation, the petitioner, who appears to have an active role in the offence alleged in the FIR is not entitled to get bail at this stage of the investigation. 10. Accordingly, the prayer for bail of the petitioner is rejected. 11. Send back the Case Diary. Page No.# 4/4 JUDGE Comparing Assistant