Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010175182025
2025:GAU-AS:10322
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2541/2025 JITUMONI TALUKDAR AND ANR SON OF RAMESWAR TALUKDAR RESIDENT OF AMBIKAGIRINAGAR, P.S. GEETANAGAR, DIST. KAMRUP (M), ASSAM 2: DHAN BORA S/O LATE AMAL BORA R/O PIYOLI PHUKAN NAGAR
NEAR HOLY CHILD SCHOOL
P.S. CHANDMARI
DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 07-08-2025 Heard Mr. S. Munir, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Chandmari
P.S.
Case
No.
175/2025
under
Sections 319(2)/308(5)/351(3)/296/3(5) of the BNS, 2023. 3. It is submitted by Mr. Munir, learned counsel that the present petitioners along with other associates by forming a committee, had admittedly tax from small vendors/traders only for the development of the market and without any sort of complaint from any corner the said committee was running the business for last 9 (nine) years which also reveals from the statement made in the FIR. 4. He further submitted that it is a fact that these two petitioners also worked under the prime accused Biju Das @ Babu, who has already been granted bail by this Court vide order dated 01.08.2025, in BA No.2230/2025. 5. From the submission made by the learned Addl. PP on the earlier occasion, it also reveals that said Biju Das @ Babu, who was the prime accused of the case, was the President of the said committee. But, at present, the said committee has already been dissolved and a new committee has already been constituted, under which the market is presently running. 6. The petitioner No.1 was arrested on 07.07.2025 and he is in custody for
Page No.# 3/4 the last 31 days whereas, the petitioner No.2 was arrested on 14.07.2025 and he is custody for the last 25 days and hence considering the length of detention and also considering the fact that the prime accused of the case has already been granted bail, the present petitioner may be released on bail on the ground of parity. 7. However, the petitioners are ready and willing to extend their co-operation in further investigation of the case, if they are granted with the privilege of bail. 8. Accordingly, the learned Addl. PP submitted in this regard that earlier bail application of the co-accused was disposed of considering the materials in the case diary, but without going through the case diary, he is not in a position to submit anything on the merit of the present case and accordingly, he insisted to call for the case diary. 9.
Considering the submissions made by the learned counsel for both sides and also considering the fact that the co-accused of the case has already been granted bail vide order dated 01.08.2025, as noted above and also considering other aspect of the case as well as the length of detention already undergone by the petitioners, I find it to be a fit case to grant the privilege of bail to the petitioners. 10. Accordingly, the accused/petitioners, namely, (i) Jitumoni Talukdar and (ii) Dhan Das be released on bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) each, 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 petitioners shall fully co-operate with the investigation of the case and shall appear before the
Page No.# 4/4 Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioners 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. 11. With the above observation and direction, this bail application stands
disposed of.
JUDGE Comparing Assistant