Page No.# 1/4 GAHC040002932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/24/2025 Ms Binita Mili Daughter of Shri Kishur Mili, resident of Village Bangalijan, PO Mingmang, PS Gerukamukh, Dhemaji District, Assam. 787035 VERSUS The State of AP through the PP of AP Advocate for the Petitioner : V Sonar, Binny Nyaruce Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-02-2025 Heard Mr. V. Sonar, learned counsel for the applicant and Mr. D. Loyi, learned Public Prosecutor for the State. Page No.# 2/4 2. This is bail application under Section 483 of the BNNS, 2023 praying for release of accused Shri Pabitra Mili on bail who was arrested on 18.02.2025 in connection with Nirjuli P.S. Case No. 11/2025 under Section 318(4)/62/3(5) of BNS, 2023. 3. The case of the applicant is that on 18.02.2025, one Shri Taniang Camdir Teli, lodged a written FIR before the Officer-in-Charge, Nirjuli Police Station against one Shri Pranjal Sarmah @ Manab Changmai for cheating and fraud by selling car with pending loan. Based on the above written FIR, a case was registered being Nirjuli P.S. Case No. 11/2025 under Section 318(4)/62/3(5) of BNS, 2023 and arrested the accused Pranjal Sarmah. 4. Mr. Sonar, learned counsel for the petitioner submits that present accused Shri Pabitra Mili is innocent and in no way connected with the above police case nor his name is mentioned in the FIR. However, the police have mechanically arrested the accused Shri Pabitra Mili along with the main accused and remanded him under judicial custody. The learned counsel for the applicant further submits that even in the forwarding/production of the arrest accused persons, the police have no were mentioned his name nor made any allegation against the present accused. Therefore, he prays that the accused Shri Pabitra Mili be released on bail. 5. Mr. Loyi, learned Public Prosecutor for the State submits that he could not obtained the scanned copy of the Case Diary today as the I.O. of the case is stated to by out of station. The learned Public Prosecutor, however, fairly submits that on perusal of the FIR and the forwarding of the accused persons before the Court for remand, there is no allegation against the present accused Shri Pabitra Mili. Page No.# 3/4 6. While producing the order passed by the Judicial Magistrate First Class, Yupia Mr. Sonar, learned counsel for the applicant submits that on 27.02.2025, the learned Judicial Magistrate First Class, Yupia has granted bail to the co- accused namely Rahul Pait and Joy Krishna Saikia and submits that since the investigation of the case is completed, and the statement of the accused has already been recorded, the custodial remand of the accused is no longer required. 7. Heard the submissions of the learned counsel appearing for the parties and I have also perused the documents available on record. 8. It appears that the present accused is not named in the FIR and there is no allegation against the present accused in the forwarding of the I.O. of the case before the Court for his remand. Considering that there is no allegation against the present accused and the investigation of the case is already completed and no further custodial remand is necessary, I am of the considered view that the bail prayer of the applicant for release of the accused Shri Pabitra Mili can be considered. 9. Accordingly, the accused applicant Shri Pabitra Mili is directed to be release on bail in connection with Nirjuli P.S. Case No. 11/2025 under Section 318(4)/62/3(5) of BNS, 2023 on execution of bail bond of Rs. 10,000/- (Rupees Ten Thousand) with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Yupia with further conditions that the accused shall cooperate and appear before the I.O. of the case as and when call for and that the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. Page No.# 4/4 10. With the above directions, the present bail application stands allowed and disposed of. JUDGE Comparing Assistant