MRINAL GHOSH ALIAS MRINAL KUMAR GHOSH v. THE STATE OF ASSAM
AB/2319/2025 · 2025-09-21
Shamima Jahan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19560 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19560 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010212952025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2319/2025 MRINAL GHOSH ALIAS MRINAL KUMAR GHOSH SON OF LATE BIPUL KUMAR GHOSH, PARMANENT RESIDENT OF KARTIK PARA LANE NO 3, DIBRUGARH, ASSAM P.S. DULIAJAN VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S K TALUKDAR, K A SODIAL,MS. S T BOKTH,MR. J M A CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.09.2025 Heard Mr. S. K. Talukdar, learned counsel for the petitioner and Ms. N. Das, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the
Page No.# 2/3 petitioner, viz., Mrinal Ghosh @ Mrinal Kumar Ghosh has prayed for pre- arrest bail in connection with Duliajan Police Station Case No.175/2024 registered under Sections 420/406/409/34 of the IPC. The F.I.R. dated 24.08.2024 filed by the victim reveals that the victim, who is the owner of one Dipshika Food Products had taken a loan from the State Bank of India, Duliajan Branch and had transferred the said amount to one Galaxy Enterprise on 16.02.2023 for receipt of certain machineries from the said Galaxy Enterprise. It is alleged in the said ejahar that machines of different natures were delivered on 06.04.2023 by the Galaxy Enterprise but the same were not working and were in a poor condition. It is also stated that although the machineries were delivered during April, 2023, the informant apprised the said company several times but nothing was done. The main allegation against the petitioner is that the petitioner invited the informant to attend the meeting for providing the machineries from the Galaxy Enterprise and the business was entered into. Mr. S. K. Talukdar, learned counsel for the petitioner submits that the petitioner has no role in supplying the machineries to the informant concerned and the only allegation against him is that he invited the informant to the meeting and that there are nodal agencies who are involved in supplying the machineries. Ms. N. Das, learned Addl. P.P. for the State submits that the Case Diary would make the entire scenario clear and thus prays for calling of the Case
Page No.# 3/3 Diary.
It is seen from the F.I.R. as well as the connected documents that the machineries were supplied in the month of April, 2023 and that the petitioner had only called the informant to attend the meeting before finalizing the agreement between the Galaxy Enterprise and the informant. In view of the above, this Court finds it fit that the abovenamed petitioner may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with one local surety of the like amount to satisfaction of the arresting authority under the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer 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 arresting authority without prior permission. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant