Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2655/2025 RAJESH PAUL CHOUDHURY SON OF SRI RAJAT PAUL CHOUDHURY, PRESENT ADDRESS- CROSS CHOKKACHANDRA MAIN ROAD, T. DASARAHALLI, P.S. PEENYA, PIN-560057, DIST. KARNATAKA, INDIA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, J P BAISHYA,MS S.S.BORA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 26.08.2025
1. Heard Mr. S.D Purkayastha, learned counsel for the petitioner.
2. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam.
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3. By this application, the petitioner has prayed for bail, in connection with C.I.D P.S Case No. 06/2012 under Section 120B/420/406/468/471 of the IPC.
4. Mr. S.D Purkayastha, learned counsel for the petitioner submits that the offences registered against the petitioner entails punishment of less than 10 years and as such, non-submission of charge-sheet within the period of 60 days from the date of arrest would entitle him for default bail under Section 167(2) of the Cr.P.C.
5. On the last occasion, this Court had directed the learned Additional Public Prosecutor to find out as to whether any charge-sheet was submitted. But when the matter is called up today, the learned Additional Public Prosecutor submits that the Case Diary is with him and the charge-sheet is not submitted by the police and that the investigation is still pending. In view of the fact that the petitioner has been inside the jail for more than 60 days, today being the 62nd day of his incarceration, the petitioner is entitled for default bail under Section167(2) of the Cr.P.C.
6. As such, the petitioner may be released on bail on furnishing a bail bond of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. C.J.M, Kamrup (M) under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the arresting authority as and when called for. (ii) The petitioner shall not temper with the evidence or influence the witness connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the arresting authority.
7. In view of the above, the petition is disposed of.
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