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2025 DAILYLAW 19948 (GAU)

SRI PARASH GARGYA v. THE STATE OF ASSAM

AB/2387/2025 · 2025-10-12

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010220502025 2025:GAU-AS:13652 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2387/2025 SRI PARASH GARGYA S/O- SRI PRAMOD SARMAH, R/O- HOUSE NO.-1, RAJGARH LINK ROAD, ANIL NAGAR, GUWAHATI, BYELANE NO.-1, DISPUR, KAMRUP(M), ASSAM PIN CODE-781005 VERSUS THE STATE OF ASSAM REP BY THE PP,ASSAM Advocate for the Petitioner : MR N J DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 13.10.2025 Heard Mr. N.J. Das, learned counsel for the petitioner. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Parash Gargya, has prayed for granting pre-arrest bail, apprehending arrest in connection with CID Police Station Case No. 01/2016 under Section 120B/420/468/471/406/409 of IPC. 3. The learned counsel for the petitioner submits that an additional affidavit has been filed bringing on record certain contentions from their side. It is stated that submitted that the co-accused Ranjeeb Hazarika is the neighbor of the present petitioner and in connection with some business transaction and in good faith, he had handed over cheque books which were misused to conduct these illegal transactions of money, some of which also came into the account of the petitioner. In this regard, the petitioner also submitted an FIR before the police. 4. However, it appears that and as pointed by the learned Additional Public Prosecutor, that no case was registered pursuant thereof. He further brought out the contradiction between the said contention and the contention of para 7 and 8 of the bail petition. Two co-accused have already been granted bail by this Court. It is also submitted that there is significant progress in the investigation. 5. Despite the nature of allegations and nature of alleged offences – considering the progress of the investigation and the fact that some co-accused standing on similar footing have been granted bail – I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with CID Police Station Case No. 01/2016 under Section 120B/420/468/471/406/409 of IPC, he shall be released on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount, to the Page No.# 3/3 satisfaction of the arresting authority. 7. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall render cooperation with the remaining investigation and appear before the I.O. for recording his statement; and (b) shall not hamper or tamper with evidence. 8. Violation of condition(s) shall entail cancellation of pre-arrest bail. 9. The anticipatory bail application stands allowed and disposed of. 10. Send back the case diary. JUDGE Comparing Assistant