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2025 DAILYLAW 3605 (GAU)

AMIT CHAKI v. THE STATE OF ASSAM

AB/2902/2025 · 2026-07-19

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010270502025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2902/2025 AMIT CHAKI SON OF KALYAN CHAKI, RESIDENT OF PANDU COLLEGE GATE, NEAR RAMAKRISHAN COLLEGE GATE, PANDU, P.S.-PANDU, DIST- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S J SARMAH, MR. P C R DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 20 .0 7 . 2026 Heard Mr. S.J. Sarmah, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This second bail application has been filed by the petitioner namely, Sri Amit Chaki under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking pre-arrest bail in connection with Nagaon P.S. Case No. 695/2025 registered under Sections 120(B)/ 420/ 468/ 471 IPC. Page No.# 2/3 3. The case diary is received and perused. 4. As per the allegations available in the Case Diary the petitioner, namely Amit Chaki had applied for loan by pledging gold at Nagaon Axis Bank on 20/03/2023 and relying upon valuation report submitted by the empanelled valuer, gold loan amounting to Rs. 2,91,600/- was sanctioned on 20/03/2023 disbursed on the same day of sanction. As per process, periodic verification of gold pledged to bank by borrower at branch was conducted by empanelled assayer by FCU audit on 31/07/23. During the said verification it was identified and reported by the empanelled assayer that metal/gold pledged by the borrower is spurious. The complaint has been registered as Nagaon Police Station Case No. 695/2025 under section 120(B)/420/468/471 of Indian Penal Code 5. The earlier prayer for pre-arrest bail was rejected vide order dated 03.11.2025, passed in A.B. No. 2378/2025. 6. A perusal of the case diary indicates that the gold is still lying at the Branch, no seizure has been effected nor the gold has been sent for examination to the FSL, subsequent to the rejection of the prayer for pre-arrest bail as aforesaid, although nearly 8 months have been elapsed since then. 7. Having regard to the above, prayer for pre-arrest bail is allowed. 8. Accordingly, in the event of his arrest, the petitioner named above shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with two sureties of the like amount to the satisfaction of the arresting authority in connection with the aforementioned case. 9. The direction for bail is further subject to the following conditions that: (i) the petitioner shall appear before the I.O. within 10 days from Page No.# 3/3 today and shall cooperate with the investigation; (ii) the shall not hamper the investigation or tamper with the evidence of the case and; (iii) the petitioner shall not try to influence or intimidate any person acquainted with the facts of the case, so as to dissuade him from disclosing such fact to the police officer or to the court, in any manner. 10. The bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant