Page No.# 1/4 GAHC010181432025 2025:GAU-AS:12088 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2629/2025 PINTU KUMAR DAS S/OLATE RAKHAL CHANDRA DAS R/O PUB DHANIRAM PATHAR P.S. HOJAI DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MS. J GHOSH,MR. JUNM LASKAR Advocate for the Respondent : PP, ASSAM, MR B CHANDA (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.09.2025 Heard Mr. P. K. R. Choudhury, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P., Assam for the State. Mr. B. Chanda, learned counsel for the informant, who is although not made a party has appeared. By this application filed under Section 483 of the BNSS, 2023 the Page No.# 2/4 petitioner, viz., Pintu Kumar Das has prayed for bail in connection with Hojai P.S. Case No.65/2025 registered under Sections 318(4)/316(2) of the BNS, 2023 along with added Sections 316(5) and 61(2) of the BNS, 2023. The F.I.R. dated 07.03.2025 reveals that the petitioner who was the Vice- chairman of Scheduled Castes Development Board, Hojai had taken money from the informant, who is a beneficiary and had supplied a smart T.V. However, it is further stated that the petitioner had taken Rs.10,000/- from the informant but it was found out later that the said T.V. was given free of cost under the relevant schemes. The informant has also stated that the petitioner had in the same manner misappropriated lakhs of rupees from many other people in the name of supply of items to them by taking money. Mr. P. K. R. Choudhury, learned counsel for the petitioners submits that during the investigation many documents related to the offence in connection with supply of articles to the beneficiaries were recovered from the informant. He also placed the seizure list of articles, seized from other persons who are involved in supplying articles to the beneficiaries. The learned counsel for the petitioner submits that the petitioner has been inside the jail for 36 days and as such, has prayed for bail in the instant case. Mr. P. Borthakur, learned Addl. P.P. has placed the Case Diary and on examination of the same he had vehemently objected and stated that there are witnesses who had stated that the petitioner is involved in the said offence and number of articles were seized from his house and that the petitioner was also Page No.# 3/4 absconding and was not cooperating with the investigation and as such has submitted that investigation is going in order to disclose the entire offence and to get hold of the actual offenders. On consideration of the submissions of the learned counsel for the parties and more so by going through the statements of the witnesses who had stated that articles were found inside the house of the petitioner and the wife of the petitioner had stated that articles were kept inside the house but no one had come to take it and as such those were simply kept in the said house. It is also seen that one of the witnesses had stated that the articles were kept in the house and the same were covered in the courtyard. In view of the said submissions more so on finding out that the documents relating to the said offences were found from the house of the complainant there is doubt as regards the authenticity of the allegations made against the petitioner and as such, this Court finds it fit that the petitioner may be released on bail on furnishing a bail bond of Rs.30,000/- with one local surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Hojai under the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the I.O. as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the trial Court Page No.# 4/4 without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant