Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24592 (GAU)

MITHUN SIKDAR AND 4 ORS v. THE STATE OF ASSAM

AB/1997/2025 · 2025-10-28

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010186132025 2025:GAU-AS:14479 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1997/2025 MITHUN SIKDAR AND 4 ORS S/O. LT. NIRMAL CHANDRA SIKDAR, R/O. FLAT NO. 2C, BARASAT ROAD, BARRACKPORE, P/S. TITAGARH, DIST. NORTH 24 PARGANAS, WEST BENGAL-700123 2: DIPSIKHA SIKDAR W/O. MITHUN SIKDAR R/O. FLAT NO. 2C BARASAT ROAD BARRACKPORE P/S. TITAGARH DIST. NORTH 24 PARGANAS WEST BENGAL-700123 3: GOUR NARAYAN MOOKERJEE S/O. MRINAL KANTI MUKHERJEE R/O. H/O. NO. 14 ANANDPUR BARRACKPORE (M) DIST. NORTH 24 PARGANAS NONACHANDANPUKUR WEST BENGAL-700122 4: SUKHENDU MUKHERJEE S/O.SARADINDU MUKHERJEE R/O. UTTARAYAN APARTMENT BASASPATI PARA ROAD TALPUKUR P/S. TITAGARH DIST. NORTH 24 PARGANAS WEST BENGAL-700123 5: PRASENJIT BISWAS S/O. LT. HAROPRASAD BISWAS Page No.# 2/3 R/O. PALTA 6 NO. SCHEME NORTH BARRACKPORE (M) BENGAL ENAMEL 24 PARGANAS WEST BENGAL-70012 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A R BAROOAH, MR GAURAV R DUTTA,MR. D MAZUMDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 29.10.2025 Heard Mr. A.R. Barooah, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Additional Public prosecutor for the State. 2. This petition under Section 482 BNSS is filed by the petitioners, namely, (i) Shri Mithun Sikdar (ii) Smti. Dipsikha Sikdar (ii) Shri Gour Narayan Mookerjee (iv) Shri Sukhendu Mukherjee (v) Shri Prasenjit Biswas, apprehending arrest in connection with CID Case No. 28/2019 registered at CID police station, Guwahati under Section 120B/468/471 IPC. 3. All the petitioners were granted interim protection on 20.08.2025, pursuant to which initially petitioner nos. 3, 4 and 5 had appeared the I/O for recording their statements and the remaining two petitioners could not appear Page No.# 3/3 due to some health issue. Subsequently, they are stated to have appeared before the I/O which is also confirmed by the prosecution. 4. The learned counsel for the petitioner has taken the Court through the detailed narration in the FIR and also copies of legal notice and newspaper notice against Samiran Dutta and Sudharsan Choudhury with regard to misappropriation of company funds. It is submitted by the learned counsel that the petitioner Nos. 3, 4 and 5 are not at all connected with the affairs of the company and the petitioner Nos. 1 and 2 are the Directors who are at all connected with the allegation. 5. Nevertheless, in view of the nature of the dispute prima facie that has emerged and also the co-operation rendered by the petitioners – I deem it fit to confirm the interim bail. Accordingly, the interim protection vide dated 26.09.2025 is hereby made absolute subject to the conditions – that the petitioners shall be available for trial, if one commences; and that the petitioners shall not hamper or tamper with evidence. 6. Violation or breach of condition(s) shall entail cancellation of the bail. 7. The petition stands disposed of accordingly. 8. Send back the case diary. JUDGE Comparing Assistant