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2025 DAILYLAW 17420 (GAU)

KANKAN DAS ALIAS KANKAN MADAHI v. THE STATE OF ASSAM

Bail Appln./2671/2025 · 2025-08-31

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010177052025 2025:GAU-AS:11719 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2671/2025 KANKAN DAS ALIAS KANKAN MADAHI S/O PARAMA MADAHI R/O VILL- TARABARI, P.S. SIMLA DIST. BAKSA, ASSAM PRESENT ADDRESS C/O HARIHAR SINGHA VILL- BAGAPARA P.S. PATACHARKUCHI DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.09.2025 1. Heard Mr. N.K. Kalita, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Sri Kankan Das @ Kankan Madahi, has prayed for bail in connection with CID Cyber Crime P.S Case No. 04/2025 registered under Sections 316(2)/318(4) BNS R/W Section 21(1)/21(2)/21(3) BUDS Act, 2019 R/W Section 66(D) IT Act, 2000. Added Section 61(2) BNS,2023. 3. As per the allegations in the FIR, the informant had joined a Whatsapp Group through a link sent from a trading site and did online trading of shares and paid a certain amount of money but when he tried to take out his money, he could not withdraw the same as the withdrawal process was barred. 4. No person has been named as accused in the FIR. 5. On perusal of the case diary, it appears that there is no Page No.# 3/4 material to indicate that the present accused was directly involved in the alleged activities and he is not an employee of the Bank. The accused was shown arrested on 23.07.2025 and has spent 41 days in custody in connection with the present case, though he has been in jail since 31.05.2025 as he was arrested in another case. 6. Having regard to the material on record as well as the period of detention, prayer for bail is hereby allowed. 7. Accordingly, the above-named petitioner is allowed to go on bail of Rs.20,000/- (Rupees Twenty Thousand) only with two sureties of like amount subject to the satisfaction of the Court of learned Sessions Judge, Kamrup(M), Guwahati with following conditions: (i) That the petitioner shall not commit any offence while on bail. (ii) That the petitioner shall not hamper the investigation or tamper with the evidence. (iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; Page No.# 4/4 8. Violation of bail conditions might entail cancellation of the bail. 9. Send back the case diary. 10. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant