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2025 DAILYLAW 27210 (GAU)

ARINDAM DAS v. THE STATE OF ASSAM

AB/2925/2025 · 2025-12-18

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010275822025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2925/2025 ARINDAM DAS SON OF ASHIM DAS RESIDENT OF OLD MISSION ROAD, WARD NO.6, SRIBHUMI MUNICIPALITY, P.O. P.S. AND DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,A S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.12.2025 Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the state respondent. 2. By invoking the provisions of Section 482 of the BNSS, 2023 the accused Page No.# 2/3 petitioner Sri Arindam Das is seeking anticipatory bail in connection with Sribhumi P.S. Case No.500/2025 registered under Sections 318(4)/314/336(3)/316(5)/3(5) of the BNS, 2023. 3. The case arose out of an FIR dated 29.11.2025 lodged by three officials of Sribhumi Municipal Board including the Chairman giving details of the misappropriation of property tax by providing false receipts for inflated amounts. 4. The petitioner is also put under suspension vide order dated 04.12.2025. 5. Learned counsel for the petitioner drawing my attention to para 4 and 5 of the bail petition, submits that he is working as a Junior Assistant and his duty is not to collect taxes and that he is performing ministerial work and therefore, he has been unfairly and falsely implicated in the case. It is also submitted that due to some disagreements with higher-ups, he has been maliciously targeted. 6. The materials on record indicate tabular information about the money receipt through way of genuine receipts and the inflated amount of the fake duplicate receipt on different dates and the misappropriated amounts have also been given in the tabular form. 7. The case diary has been placed before me. The I.O. has also submitted a bail objection objecting the grant of bail. 8. During the course of investigation, property receipts of different persons were seized. It is stated that the investigation has revealed that the petitioner along with co-accused collected municipal tax and deposited lesser amount into the Municipal Authority Coffer and misappropriated excess amount and for this purpose they issued fake money receipt of inflated amounts -- thereby lending support to the basic allegations made in the FIR. The investigation is still in progress. Page No.# 3/3 9. In my considered opinion, this may not be a fit case for grant of anticipatory bail at this stage. 10. Accordingly, the bail application stands rejected. 11. Return the case diary. JUDGE Comparing Assistant