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2025 DAILYLAW 6853 (GAU)

RAJA RAM MOHAN DEKA v. THE STATE OF ASSAM

Bail Appln./307/2025 · 2025-02-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010021942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./307/2025 RAJA RAM MOHAN DEKA S/O SRI RAJANI KANTA DEKA R/O VILL AND P.O. NIZ BAHJANI P.S. NALBARI,DIST.NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D KALITA, Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Heard the learned counsel Mr. D. Kalita representing the petitioner. I have also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Raja Ram Mohan Deka has prayed for releasing him on regular bail after he was arrested in connected with Bhangagarh P.S. Case No.182/2024 under Sections 61(2)/ 318(4)/306/316(2)/316(4)/316(5) of BNS, 2023. 3. One person called Bidyut Bikash Deka was an employee of SIS Cash Services Pvt. Ltd. The said company was involved in replenishing cash different ATMs within the city of Guwahati. It is alleged that Bidyut Bikash Deka did not replenish cash in the ATMs and thereby embezzled a large amount of money. 4. The allegation brought against the present petitioner is that an amount of ₹15,000/- was credited into his bank accounts and it was done by Bidyut Bihask Deka. The said Bidyut Bikash Deka credited ₹15,000/- by Google Pay into two accounts, namely- SBI Account No.41078412908 and the Bank of India Account No.5004101100045111. 5. The petitioner has already completed 62 days in judicial custody. The learned counsel for the petitioner submits that the money was deposited into his accounts by Bidyut Bikash Deka without his knowledge. The learned counsel further submits that under the given circumstance, the petitioner no longer deserves to be detained in custody. 6. I have considered the submissions by the learned counsel of both sides. 7. This Court is of the opinion that under the given facts and circumstance of the case, the petitioner does not deserve to be detained in custody for any further period of time. Therefore, his bail application is allowed. 8. The petitioner Raja Ram Mohan Deka who was arrested in connected with Bhangagarh P.S. Case No.182/2024 under Sections 61(2)/ 318(4)/306/316(2)/316(4)/316(5) of BNS, 2023, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (M), Guwahati. Page No.# 3/3 9. The State Bank of India as well as Bank of India authorities shall not allow anyone to withdraw the money from the aforesaid two bank accounts. The learned Addl. Public Prosecutor, Assam shall do the needful to that effect. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant