Page No.# 1/3 GAHC010104082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./25/2025 THE STATE OF ASSAM REP. BY THE PP, ASSAM VERSUS JYOTI KAMAL BANIA S/O. HAREN KUMAR BANIA, R/O- CHAGOLI CHUBURI, P/O.- TEZPUR, DIST- SONITPUR, ASSAM. Advocate for the Petitioner : PP, ASSAM, RANJAN JYOTI BARUA Advocate for the Respondent : MS. C CHOUDHURY , MR. D GAGAI,MR. M S HUSSAIN BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 06.02.2026 1. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the petitioner and Mr. D. Gagai, learned counsel appearing for the respondent. 2. State of Assam represented by the prosecution invoking section 419 (3) of BNSS is seeking leave to file an appeal against the judgment in Page No.# 2/3 order dated 12-12-2024 passed by the landed Special Judge Assam in Special Case No. 24 of 2017 ( State of Assam VS Jyoti Kamal Bania) whereby the respondent who faced trial for charges under Section 7/13(1) (d)(ii)/13(2) of Prevention of Corruption Act, 1988 was acquitted. 3. It is submitted by Mr. Baruah, learned Additional Public Prosecutor that the case arose out of the situation where the respondent as the I.O. of a police case, sought bribe of Rs. 20,000/- from the informant and who in turn, instead of paying the bribe, informed the Vigilance Department, whereupon trap proceeding was carried out and the case initiated. 4. It is submitted that the judgment of acquittal suffers from infirmities and the testimony of some important witnesses like P.W. 13, Pinaki Prasad Mitra have been overlooked and that the said witness had specifically implicated the respondent. 5. The learned Additional Public Prosecutor submits that the State may be given an opportunity to pursue the appeal against the acquittal. 6. Learned counsel for the respondent submits that there is no infirmity in the judgment sought to be impugned but also fairly submits that necessary orders may to be passed as per law governing the subject matter. 7. I have perused the leave petition filed by the Prosecution and considered the submissions of the learned Additional Public Prosecutor. 8. It has been contended in the petition that there was specific evidence of prosecution witness about the demand of money and the incriminating evidence was corroborated by other witnesses. 9. In the given facts and circumstances, I deem it fit to grant the leave. 10. Accordingly allowing this leave petition, the prosecution is hereby Page No.# 3/3 granted the leave to prefer the appeal against the aforesaid judgment passed by the Special Judge. 11. This petition stands allowed and disposed of. 12. Registry is directed to register the appeal and list the matter for admission. JUDGE Comparing Assistant