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2025 DAILYLAW 7483 (GAU)

BIKASH DAS ALIAS BINAS DAS v. THE STATE OF ASSAM

Bail Appln./373/2025 · 2025-03-31

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010030042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./373/2025 BIKASH DAS ALIAS BINAS DAS S/O- MANIK CHANDRA DAS @ MANIK DAS, R/O- HAJO GAYONTOLA, P.S- HAJO, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : DITUL DAS, D R TALUKDAR,MS TINLUNG,MR A TALUKDAR,MR. DITUL DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-04-2025 Heard Mr. D. Das, learned counsel for the petitioner Bikash Das @ Binas Das, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 05.02.2025 in connection with Chandmari Police Station Case No. 20/2025 Page No.# 2/3 registered under Section 61(2)/112(2)/316(2)/318(4) of Bharatiya Nyaya Sanhita, 2023. 2. The allegation against the petitioner is that he is involved in purchasing motorcycles along with his friends on higher purchase basis. The petitioner and the co-accused have sold the motorcycles and the loans have not been repaid. 3. It is submitted that the petitioner is behind bars for 56 (Fifty Six) days. The petitioner has prayed for bail on the ground of parity and on the length of detention. 4. I have scrutinized the Case Diary. Investigation has progressed substantially. Further custodial detention may not be required for the progress of investigation. 5. Considering all aspects, petition is allowed. 6. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3 7. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 8. In terms of the above observation, this Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant