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2025 DAILYLAW 25058 (GAU)

SRI SANTONU BORBORA v. THE STATE OF ASSAM

AB/1994/2025 · 2025-10-29

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010185562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1994/2025 SRI SANTONU BORBORA S/O LT. SARAT BORBORA R/O KHUTIKATIA P.O. HAIBORGAON, P.S. NAGAON SADAR DIST. NAGAON, ASSAM , PIN-732002 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MITRA, MS. A KALITA,MR A K BORO,MR S.MITRA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30-10-2025 Heard Mr. S. Mitra, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. This is an application under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail Page No.# 2/2 to the accused/petitioner, Sri Santonu Borbora, who is apprehending arrest in connection with Nagaon P.S. Case No. 682/2025 under Sections 318(2)/336(3)/308(3) of the BNS, 2023. The allegation against the present petitioner inter alia is that Purnkanta Saikia, alleged that the accused/petitioner had borrowed money from him and failed to repay the same. It was further alleged therein that the accused petitioner had also taken a sum of money from Purnokanta Saikia under the pretext of assisting him in the procurement of a wine shop license. The said complaint went on to make additional allegations that the accused petitioner had deceitfully taken possession of land belonging to Purnokanta Saikia and thereafter sold the same. It is submitted on behalf of the petitioner that the present complaint is nothing, but a counter blast to the FIR/complaint earlier lodged by the present petitioner against the informant of this case, which is also annexed to the instant bail application. It is submitted by the learned Additional Public Prosecutor that the allegations made by the informant in the instant FIR has been repeated before the I/O in his statement by the informant. Having regard to the nature of the application, it is the considered view of the Court that custodial interrogation of the petitioner may not be necessary. In the aforesaid facts and circumstance of the case, it is provided that in the event of arrest, the petitioner named above shall be released on pre-arrest bail on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with a surety of the like amount to the satisfaction of the Arresting Authority in connection with the aforesaid case. It is further provided that the petitioner shall not try to hamper or tamper with the evidences of the case or try to influence the witnesses in any manner. Anticipatory bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant