Page No.# 1/3 GAHC010014682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./210/2025 PARAGMONI KAKATI SON OF LATE BANIKANTA KAKATI RESIDENT OF KEHRUBARI, KHANAMUKH POLICE STATION AZARA, DISTRICT KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, MS. C CHOUDHURY,MR. V A CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29-01-2025 Heard Mr. A.M. Bora, the learned senior counsel assisted by Ms. C. Choudhury, the learned counsel for the petitioner and also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of the State Page No.# 2/3 respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 18.12.2024 in connection with Azara P.S. Case No. 255/2024 u/s 61(2)/318(4)/337/338 of BNSS, 2023. 3. It is submitted by Mr. Bora, the learned senior counsel for the petitioner that the FIR of the present case is lodged by one Tarun Nath against whom along with some others, the wife of the petitioner had already instituted a civil suit which is still pending before the learned Court of Civil Judge (Senior Division) No. 1, Kamrup (M) at Guwahati. He further submitted that the FIR is basically lodged with an allegation that on the basis of a false and fake sale deed, the wife of the present petitioner who is also a co-accused in the FIR had instituted the title suit claiming right to property. Mr. Bora further submitted that from the earlier rejection order passed by the learned Trial Court below also reveals that the said agreement of sale deed is not recovered from the possession of the accused and the said document was not produced by the accused/petitioner before the learned Civil Judge (Senior Division) in the said civil suit. Mr. Bora further submitted from the FIR itself reveals that the entire case is civil in nature and based on the documentary evidence, further also the other co-accused persons are already being released on bail and hence considering the length of detention the case of the petitioner may also be considered. However, he is ready and willing to co-operate with the Investigating Officer regarding further investigation of this case. 4. Ms. S.H. Borah, the learned Additional Public Prosecutor submitted in this regard that Case Diary may be called for to know the actual fact of the case. Page No.# 3/3 5. Considering the entire circumstances of the case and also considering the fact that the other co-accused persons are already being released on bail and considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Paragmoni Kakati, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant