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2025 DAILYLAW 8033 (GAU)

ARGENT NONGTDU v. THE STATE OF ASSAM

Bail Appln./498/2025 · 2025-03-05

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010034972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./498/2025 ARGENT NONGTDU S/O- LATE MEHUL DKHAR R/O- VILL- RYMBAI PS LADRYMBAI OP DIST- JAINTIA HILLS MEGHALAYA 2: HEMON THOO S/O LATE HARLING DKHAR RESIDENT OF VILLAGE RYMBAI PS LADRYMBAI OUT POST. DIST EAST JAINTIA HILLS MEGHALAYA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : S K DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.03.2025 1. Heard Mr. M. Biswas, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, Argent Nongtdu and Hemon Thoo, who has been detained behind Page No.# 2/3 the bars since 07.02.2025 (for last 28 days) in connection with Basistha P.S. Case No. 82/2025 under Section 305(b) of BNS, 2023. 3. The gist of accusation in this case is that on 03.02.2025, one Dimpi Barman had lodged an FIR before the Officer-in-charge of Basistha Police Station, inter alia, stating that her scooty bearing Registration No. AS-01-EX-1673 was stolen from her house. 4. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in this case. He submits that the scooty has been recovered from another person and the petitioners have been detained behind the bars for last 28 days and considering the period of detention, they may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 82/2025 and has submitted that the stolen scooty has already been recovered. He also submits that there are incriminating materials against the present petitioners in the case diary. 6. I have considered the submissions made by the learned counsel for both the sides and have gone through the case diary of Basistha P.S. Case No. 82/2025. 7. Considering the progress made in the investigation as well as the fact that the stolen scooty has been recovered and also considering the period of detention undergone, this Court is of considered opinion that if the petitioners cooperate in the investigation, their further custodial detention may not be necessary. 8. In view of above, the above named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioners shall co-operate in the investigation; Page No.# 3/3 (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant