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2025 DAILYLAW 18577 (GAU)

BRIJU SINGH AND ANR v. THE STATE OF ASSAM

Bail Appln./2835/2025 · 2025-09-09

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010196292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2835/2025 BRIJU SINGH AND ANR SON OF GHONO SINGH R/OP BAHONI BAGISA P.S. MARIANI DIST. JORHAT, ASSAM 2: PRIYA DEV GOHAIN D/O SANA DEV R/O HEELEKHA TEA ESTATE P.S. MARIANI DIST. JORHAT ASSA VERSUS THE STATE OF ASSAM REP. BY THE ADDL. PP, ASSA Advocate for the Petitioner : MR U S BORGOHAIN, H MAZUMDAR,MR. R DUTTA,M DEKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.09.2025 1. Heard Mr. U. S. Borgohain, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of BNSS, 2023 by the petitioners, namely, (1) Briju Singh and (2) Priya Dev Gohain, who have been detained behind the bars since 09.08.2025 (for the last 32 days) in connection with Moriani P. S. Case No. 112/2025 under Sections 319(2)/79 of the BNS read with Section 67 of the IT Act. 3. The learned counsel for the petitioners has submitted that for the offence involved in this case maximum punishment prescribed is imprisonment for five years only whereas the petitioners have already undergone detention for 32 days. 4. He submits that considering the period of detention, which may be sufficient for progress of the investigation the petitioners may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Moriani P. S. Case No. 112/2025 and has submitted that though, there are materials showing the complicity of the petitioners in the offence alleged in the FIR, however, he fairly submits that the investigation has fairly progressed. 6. I have considered the submissions made by learned counsel for both sides, and have gone through the case diary of Moriani P. S. Case No. Page No.# 3/3 112/2025. 7. Considering the progress made in the investigation as well as the period of detention already undergone this Court further custodial detention of the petitioners may not be necessary for fair completion of the investigation. 8. In view of the above, the above-named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand only) each only with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Titabar with the following conditions:- i. The petitioners shall co-operate in the investigation, ii. The petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to 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. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant