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2025 DAILYLAW 7738 (GAU)

DR ASWINI KUMAR KALITA @ DR ASHWINI KALITA v. THE STATE OF ASSAM

AB/377/2025 · 2025-03-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010033252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/377/2025 DR ASWINI KUMAR KALITA @ DR ASHWINI KALITA S/O LATE CHANDRA KANTA KALITA, RESIDENT OF RANGIA CIVIL HOSPITAL, PS RANGIA, DIST KAMRUP ASSAM 781354 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. B BORGOHAIN, MR B SAIKIA,MR. S NEOG,MS. S G BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 03.03.2025 Heard Ms. S. G. Baruah, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS, 2023 whereby the petitioner, namely, Dr. Aswini Kumar Kalita @ Dr. Ashwini Kalita, has prayed for pre-arrest bail in connection with Nalbari P.S. Case No. 48/2025. Page No.# 2/2 One person claimed to be the President of Krishak Shramik Unnayan Parishad, Assam Central Samittee lodged an FIR before Police alleging that while the present petitioner was posted at Nalbari as Animal Husbandry and Veterinary Officer for a long period of 6 (six) years, he misappropriated the government money by showing fake beneficiaries in various government schemes relating to the department concerned. I have perused the Case Diary. Mr. Goswami, learned Additional Public Prosecutor, Assam submits that Police has thoroughly investigated the matter. Also Police have already taken steps to record the statements of the beneficiaries and none of the beneficiaries spoke against the present petitioner in respect of the aforementioned scheme. According to Mr. Goswami, Case Diary shows that all the beneficiaries had received different amounts of money. I have considered the submissions made by the learned counsel for both the sides. It appears that a baseless complaint has been alleged against the present petitioner. Therefore, he does not deserve to be detained in custody. Accordingly, it is hereby directed that in the event of arrest of the petitioner Dr. Aswini Kumar Kalita @ Dr. Ashwini Kalita, in connection with Nalbari P.S. Case No. 48/2025, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer as and when called for. The bail application is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant