Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010161372025
2025:GAU-AS:10600
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2354/2025 PALLAB DAS S/O- LATE JABESWAR DAS.
R/O- VILL.- RANGAMATI, MAHILAPARA, P.S.- PALASHBARI, PIN -781122, DIST.- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR R DAS, Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 12-08-2025 Heard Mr. R. Das, learned counsel for the petitioner and Mr. P. S. Lahkar, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, who was arrested in connection with Palashbari P.S. Case No. 166/2025 under Sections 296/108/351(2)/351(3)/3(5) of the BNS,
2023. Page No.# 2/3
3. Case Diary is placed before the Court. I have perused the same. 4. It is a fact that one water motor was given to the deceased for repairing, but inspite of repeated request, the deceased did not return the water motor and on enquiry it is was found that the deceased had already sold the said water motor to some other person and on demand of the petitioner, the deceased gave them a scooty and mobile handset and those were brought to the police station by the petitioner along with other co-accused, where another person claimed that the scooty belongs to him. Accordingly, police return the scooty to its owner and thereafter, he came to know that the victim committed suicide. Moreover, the petitioner is in custody since last 54 days and other co- accused of the case has already been released on bail and considering this aspect, the petitioner may also be released on bail. 5. Mr. Lahkar, learned Addl. PP submitted in this regard that it is a fact that the water motor was given to the deceased for repairing, but on demand the present petitioner along with other co-accused had taken away one scooty and one mobile phone and thereafter, the victim committed suicide. 6. However, the FSL report is yet to be collected by the I.O. to confirm with regard to the handwriting of the deceased. 7. I have perused the case diary and considering the materials in the case diary and other aspects of the case, I find that further custodial interrogation of the petitioner is not required as the I.O. got sufficient opportunity to interrogate him, keeping him in custody. 8. Considering the submission of the learned counsel for both sides and on perusing the case diary, without going into the details of the merit of the case, only considering the length of detention undergone by the petitioner, I find it a
Page No.# 3/3 fit case to extent the privilege of bail to the accused/petitioner. 9.
Accordingly, the accused/petitioner, namely, Pallab Das, be released on bail 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, Kamrup, Amingaon, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (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. 10. With the above observation and direction, this bail application stands
disposed of.
11. Return the Case Diary herewith.
JUDGE Comparing Assistant