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2025 DAILYLAW 18308 (GAU)

SASHANKA DAS ALIAS SUSHANKA DAS v. THE STATE OF ASSAM

Bail Appln./2762/2025 · 2025-09-07

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010191042025 2025:GAU-AS:12220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2762/2025 SASHANKA DAS ALIAS SUSHANKA DAS SON OF LATE NRIPENDRA MOHAN DAS RESIDENT OF MASTERPARA, WARD NO.11, NALBARI TOWN, NEAR GORDON HIGH SCHOOL, P.S. NALBARI, DIST.NALBARI,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.09.2025 1. Heard Mr. D. Bora, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed Page No.# 2/3 by the petitioner, namely, Sashanka Das@Sushanka Das, who has been detained behind the bars since 18.07.2025 (for the last 53 days)in connection with Nalbari P.S. Case No. 223/2025 under Sections 61(2)/336(3)/340(2) of BNS, 2023. 3. The gist of accusation in this case is that on 16.05.2025, one Sri K. Basumatary, DCF, Divisional Forest Officer, Chirang Division, Kajalgaon has lodged an FIR before the Officer-in-Charge of Kajalgaon Police Station, inter alia, alleging that on 15.05.2025, about 18(eighteen) persons appeared before the Divisional Forest Office and produce their appointment letters, which were found to be fake. 4. On coming to know about the issuance of fake appointment letter, an enquiry was initiated. During preliminary inquiry, it came to light that the present petitioner is involved in the racket of issuing some fake appointment letters. 5. The learned counsel for the petitioner submits that for the offence alleged in this case, the petitioner may be detained behind the bars during investigation, under Section 487 of the BNSS, 2023, for a maximum period of 60(sixty) days only and he has already completed 53(fifty-three) days behind the bars. He further submits that considering the period of detention undergone, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public prosecutor has produced the Case Diary of Nalbari P.S. Case No. 223/2025, and has submitted that the investigation has fairly progressed in this case. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Nalbari P.S. Case No. 223/2025. Page No.# 3/3 8. Considering the period of detention undergone by the petitioner (53 days) as well as the progress made in the investigation, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation, if he co-operates in the investigation. 9. In view of the above, the above-mentioned petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Nalbari with following conditions:- (i) the petitioner shall appear before the Investigating Police Officer and shall co-operate with the investigation; (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. This bail application is accordingly disposed of. 11. Send back to the Case Diary. JUDGE Comparing Assistant