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2025 DAILYLAW 21366 (GAU)

SRI BIJAY KUMAR MODI AND 4 ORS. v. THE STATE OF ASSAM

AB/3177/2024 · 2025-02-04

Parthivjyoti Saikia

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Judgment text

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Page No.# 1/3 GAHC010257042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3177/2024 SRI BIJAY KUMAR MODI AND 4 ORS. S/O MANNALAL MODI, R/O DOHABOR CHUK, P.S. AND DIST. JORHAT, ASSAM, PIN-785001 2: SRI PARESH SHARMA S/O LATE BHANWARLAL SHARMA R/O D2 KUBER RESIDENCY BELTOLA COLLEGE ROAD KUNDIL NAGAR BELTOLA P.S. HATIGAON DIST. KAMRUP (M) ASSAM GUWAHATI- 781029 3: SRI HARADHAN GHOSH S/O PRANESH GHOSH R/O F. NO. D3 KUBER RESIDENCY BYE LANE NO. 1 COLLEGE ROAD P.S. HATIGON DIST. KAMRUP (M) ASSAM GUWAHATI-781029 4: SMT UMA GHOSH W/O SRI HARADHAN GHOSH R/O F. NO. D3 KUBER RESIDENCY Page No.# 2/3 BYE LANE NO. 1 COLLEGE ROAD HATIGAON DIST. KAMRUP (M) ASSAM GUWAHATI-781029. 5: SRI NIKHIL JAIN GANGWAL S/O ARI ANIL KUMAR JAIN R/O 4TH FLOOR GS TOWER NEAR HIMATSINGKA PETROL PUMP CHATRIBARI A.T. ROAD P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM GUWAHATI-78100 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR T H HAZARIKA, MS. S YASMIN,MR. K ISLAM,MR A RASHID,MR. M SHARMA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.02.2025 Heard Mr. T.H. Hazarika, the learned counsel appearing for the petitioners as well as Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Basistha P.S. Case No.635/2024 under Section 120(B)/406/419/420/467/468/471 of the Indian Penal Code. Page No.# 3/3 3. Pursuant to the interim order granted by this Court, the petitioners Sri Paresh Sharma, Sri Haradhan Ghosh, Smt. Uma Ghosh and Sri Nikhil Jain Gangwal, they have already appeared before the police investigating officer and got their statements recorded. 4. Mr. Kaushik submits that before recording the statements of the above mentioned petitioners, police has already recorded the statement of Sri Bijay Kumar Modi. 5. I have considered the submissions made by the learned counsel of both sides. 6. It appears that all the above named petitioners have co-operated with police investigating officer in the investigation of the case. For this reason, the petitioners, named above, do not deserve to be detained in custody. Therefore, their pre-arrest bail application is allowed. 7. The interim bail granted on 05.12.2024 in favour of the aforesaid petitioners, namely- Sri Paresh Sharma, Sri Haradhan Ghosh, Smt. Uma Ghosh and Sri Nikhil Jain Gangwal is made absolute. 8. Similarly, it is hereby directed that in the event of arrest in connection with of Basistha P.S. Case No.635/2024 under Section 120(B)/406/419/420/467/468/471 of the Indian Penal Code, the petitioner Sri Bijay Kumar Modi shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. He shall also co-operate with police investigation as and when called for. 9. With the aforesaid direction, the present application for bail is disposed of. Case diary shall be returned. JUDGE Comparing Assistant