Page No.# 1/4 GAHC010019062025 2025:GAU-AS:2169 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./279/2025 DIPANJAN NATH S/O PIJUSH NATH VILL- ASHRAM ROAD, HAILAKANDI TOWN, WARD NO. 15, P.S. AND DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03-03-2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Dipanjan Nath, son of Pijush Nath, resident of Village- Ashram Road, Hailakandi Town, Ward No. 15, P.S. & District-Hailakandi has filed this application under Section 483 BNSS, 2023 on 29.01.2025 seeking bail in Hailakandi Police Station Case No. 18/2025 corresponding to G.R. No.44/2025 registered under Sections 61(2)/316(2)/318(4)/296/351(2)(3), BNS, 2023, wherein, he was arrested on 27.01.2025 and is in custody since then. 3. As per the FIR dated 27.01.2025 lodged before the Hailakandi Police Station by the complainants, the case is that as the accused petitioner had acquaintance with the complainants since long, on his request, they had given an amount of Rs.34,50,000/- for his business purpose on different dates. Though, the complainants asked the accused petitioner to return the said amount, he did not comply with it. When they visited the house of the accused petitioner for the said amount, the accused petitioner instead of returning the money abused them with abusive languages and also threatened them of dire consequences. Initially, the said FIR of the complainants was registered as Hailakandi P.S. G D Entry No.18 dated 26.01.2025 and subsequently, registered as Hailakandi Police Station Case No. 18/2025 corresponding to G.R. No.44/2025 under Sections 61(2)/316(2)/318(4)/296/351(2)(3), BNS, 2023. 4. Mr. Barbhuiya, learned counsel for the petitioner submitted that considering his detention in custody since 27.01.2025, the petitioner should be considered for his bail. 5. Mr. K.K. Parashar, learned Addl. PP, Assam has placed the case diary before the Page No.# 3/4 Court today. 6. Mr. Parashar, learned Addl. PP from the case diary submitted that the petitioner through his close friends returned a part of the money that he took from the complainants and yet to return the larger chunk of it. 7. Mr. Parashar, learned Addl. PP from the case diary also submitted that the petitioner abused the complainants and threatened them of dire consequences when they visited his house to get the said money back from him, which they had given him earlier. 8. Considering such materials in the case diary and the detention of the petitioner in custody since 27.01.2025, this Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Hailakandi P.S. Case No. 18/2025. As such, this bail application of the petitioner in said Hailakandi P.S. Case No. 18/2025 is accepted. 9. Accordingly, the petitioner, namely, Dipanjan Nath, son of Pijush Nath is granted bail in said Hailakandi P.S. Case No. 18/2025 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Hailakandi on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Hailakandi P.S. Case No. 18/2025 as and when he is required for necessary investigation of said Hailakandi P.S. Case; (ii) shall not leave the territorial jurisdiction of the Hailakandi Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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; (v) shall not involve himself in any criminal activities and (vi) shall not threat the complainants or anyone of their family by himself or by others, acting on his behalf. Page No.# 4/4 10. Any violation of the aforesaid terms and conditions by the petitioner, namely, Dipanjan Nath, the bail granted to him in said Hailakandi P.S. Case No. 18/2025 shall stand automatically vacated. 11. The bail application accordingly stands disposed of to the extent above. 12. Return the case diary. JUDGE Comparing Assistant