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2025 DAILYLAW 6876 (GAU)

SRI ANURAG JHA AND ANR v. THE STATE OF ASSAM

Bail Appln./314/2025 · 2025-02-17

Manash Ranjan Pathak

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010021662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./314/2025 SRI ANURAG JHA AND ANR S/O MAHENDRA @ MAHANAND JHA, RESIDENT OF WEYAS COLONY, P.S. AIR FORCE, DIST. JODHPUR, RAJASTHAN PIN- 342001 2: SRI RATUL BARMAN S/O RATNESWAR BARMAN RESIDENT OF UJAN BAZAR HOIUSE NO. 22 P.S. LATASIL GUWAHATI-01 DIST. KAMRUP(M) ASSAM PIN-78100 VERSUS THE STATE OF ASSAM TO BE REP BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MR S RAHMAN,MR M HOQUE,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 18/02/2025 Heard Mr. A A R Karim, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, (1) Sri Anurag Jha, son of Mahendra @ Mahanand Jha, resident of Weyas Colony, P.S. Air Force, District-Jodhpur, Rajasthan and (2) Sri Ratul Barman, son of Ratneswar Barman, resident of Ujan Bazar, P.S. Latasil, Guwahati, seeking bail in Badarpur P.S. Case No. 305/2024 registered under Sections 61(2)/318(2)/319(2)/318(4)/316(2)/ 303(2) of BNS corresponding to G.R. No. 2216/2024, wherein they were arrested on 19.12.2024 and are in custody since then. 3. Both the petitioners were arrested on the basis of their involvement in the organized crime in large-scale online financial frauds by deceiving gullible individuals on flimsy grounds by luring them into sharing with their bank details and OTPs and transferring money from the bank accounts of those individuals to the bank accounts of third parties. 4. Mr. Karim, learned counsel for the petitioners submitted that since 19.12.2024, the petitioners are in custody for more than 60 days and as such, they are entitled for default bail in said Badarpur P.S. Case No. 305/2024. 5. On being enquired, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the relevant case diary that was called for by order dated 11.02.2025 is available with him and the charge-sheet has not yet been filed in the case. 6. In view of the above, the petitioners are entitled for default bail in said Badarpur P.S. Case No. 305/2024. 7. Accordingly, the petitioners, namely, (1) Sri Anurag Jha and (2) Sri Ratul Barman are granted default bail in said Badarpur P.S. Case No. 305/2024 registered under Sections 61(2)/318(2)/319(2)/318(4)/316(2)/ 303(2) of BNS corresponding to G.R. No. 2216/2024, on furnishing a bail bond of Rs.1,00,000/- each, with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, to the satisfaction of Page No.# 3/3 the learned Chief Judicial Magistrate, Sribhumi (Karimganj) on conditions that the petitioners — (i) shall appear before the Investigating Officer of said Badarpur P.S. Case No. 305/2024 as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Sribhumi (Karimganj), without obtaining prior written permission from the said authority; (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 themselves in any criminal activities in future and (vi) shall make themselves available before the concerned Investigating Officer of said Badarpur P.S. Case as well as the concerned Court at Sribhumi (Karimganj), whenever, they are required in the case, failing which, the bail granted to them in the aforesaid Badarpur P.S. Case No. 305/2024 shall stand automatically vacated. 8. This bail application accordingly stands disposed of with the above directions. JUDGE Comparing Assistant