Page No.# 1/2 GAHC010000262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./6/2025 NAGEN CHANDRA DAS @ DR NAGEN CH DAS S/O LATE GOMOLU RAM DAS RESIDENT OF HARESWAR PATH, NOTUN NAGAR, PS PALASHBARI, DIST. KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06-01-2025 Heard Mr. B K Mahajan, learned counsel for the petitioner and Mr. D Das, learned Additional Public Prosecutor, Assam. By this application filed under Section 483 of the BNSS, 2023 the petitioner, namely, Nagen Chandra Das @ Dr. Nagen Ch. Das, has prayed for release on bail, who was arrested in connection with Palashbari P.S. Case No. 443/2024. After his retirement as the Principal of Amranga Barihat H.S. School, the petitioner was not Page No.# 2/2 getting pension. Therefore, he filed a writ petition before this Court being WP(C) No. 632/2024. This court directed the school authorities to issue Drawal/Non Drawal certificate to the petitioner within a period of 1 (one) week. Further, this court directed that 25% of the retirement benefit of the petitioner shall be held up till the dispute is resolved by the school authorities. After passing of the said order by this court on 24.09.2024, a FIR was lodged on 29.10.2024 by the academic in charge of the Amranga Barihat H.S. School. In the said FIR, it was alleged that the petitioner was to pay Rs.22,65,000/- to the school. Police registered a case and arrested the petitioner on the basis of the said FIR. I have considered the submissions made by the learned counsel of both sides. The petitioner has been detained in custody for the last 22 (twenty two) days. This court directed the school authorities to make an enquiry about the entitlement of the school. Therefore, the school authority has to undertake an enquiry to that effect. For the said reason, at this stage, this court is of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Therefore, the bail application is allowed. Accordingly, it is directed that the petitioner Nagen Chandra Das @ Dr. Nagen Ch. Das, who was arrested in connection with Palashbari P.S. Case No. 443/2024, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon. The bail application is disposed of. JUDGE Comparing Assistant