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2025 DAILYLAW 17004 (GAU)

MINTU DEKA v. THE STATE OF ASSAM

Bail Appln./2550/2025 · 2025-08-17

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010171302025 2025:GAU-AS:10937 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2550/2025 MINTU DEKA SON OF MR. DWIJENDRA NATH DEKA, R/O VILL- BAREGAON, P.O. KORORA, P.S. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H DAS, MS. P GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-08-2025 Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, 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, namely, Sri Mintu Deka who has been arrested in Page No.# 2/3 connection with Dispur P.S. Case No. 507/2025, under Sections 61(2)/318(4)/316(2) /336(3)/340(2) of the BNS, 2023. 3. Case Diary is placed before the Court. Perused the same. 4. It is submitted by Mr. Das, learned counsel that the petitioner is in custody for the last 66 days, but till date, the I.O. has not yet filed the Charge-Sheet in the case and hence, the petitioner is entitled for default bail. 5. Mr. Sarma, learned Addl. PP submitted that there are sufficient incriminating materials against the petitioner and his earlier bail prayer was also rejected on perusal of the case diary, however, till date, the I.O. failed to submit the Charge-Sheet. 6. Considering the submissions 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 fit case to extent the privilege of bail to the accused/petitioner. 7. Accordingly, the accused/petitioner, namely, Sri Mintu Deka, 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 (Metro), Guwahati, 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 Page No.# 3/3 him/her from disclosing such facts to the Court or to any police officer. 8. With the above observation and direction, this bail application stands disposed of. 9. Return the Case Diary herewith. JUDGE Comparing Assistant