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2025 DAILYLAW 24309 (GAU)

MONI KUMAR DAS v. THE STATE OF ASSAM

Bail Appln./3765/2025 · 2025-12-02

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010258732025 2025:GAU-AS:16610 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3765/2025 MONI KUMAR DAS SON OF LATE KHARGESWAR DAS R/O AKADI MALABARI P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. S. Munir, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 for grant of bail to the accused/applicant, viz., Moni Kumar Das in connection Page No.# 2/3 with Gorchuk P.S. Case No.315/2025 registered under Sections 305(a)/317(2) of the BNS, 2023. The gist of the allegation as narrated in the F.I.R. dated 16.11.2025 is that on receipt of certain information about stealing of tiles and granites, the informant intimated the neighbours to check his godown. On checking of the godown, it was found that some persons were stealing and loading those tiles and granites. It was alleged that the value of the stolen goods would be more than Rs.15 lakhs. During investigation, the police has arrested two persons including the accused/applicant on 17.11.2025 and since then he is inside the Jail. It is submitted that the goods so stolen by the accused persons were, in fact, bought by the accused/applicant who owns a hardware shop. It is the case of the accused/applicant that he is unaware of any theft and that he had bought those goods from persons who usually supply goods and materials to his shop. The learned counsel for the accused/applicant also submits that the goods so bought by the accused/applicant have already been recovered and seized by the police and the accused/applicant is already inside the Jail for last 11 days. The learned counsel submits that further custodial detention in the instant case may not be required and therefore, prays for release of the accused/applicant on bail. The learned Addl. P.P., on the other hand, submits that there are Page No.# 3/3 materials against the accused/applicant and he opposed the prayer for bail at this stage. This Court has gone through the Case Diary so submitted before this Court as well as the materials brought on record. Taking into the whole facts in it’s entirety and also taking into the fact that the goods alleged to be stolen have already been seized by the police, this Court is inclined to grant the privilege of bail to the accused/applicant at this stage. Accordingly, it is directed that that the accused/applicant should be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) subject to the following conditions :- (1) That the accused/applicant shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (2) That the accused/applicant shall not commit any offence while on bail. The Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant