Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014862025
2025:GAU-AS:2219
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./542/2025 SRI DHEERAJ KUMAR VALMIKI S/OSATYAPAL SINGH VALMIKI
R/O DULIAJAN OIL COLONY
P.S. DULIAJAN DIST. DIBRUGARH ASSAM PIN-786602 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. BHASKAR DUTTA SENIOR ADVOCATE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
04/03/2025 Heard Mr. B Dutta, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Dheeraj Kumar Valmiki, son of Satyapal Singh Valmiki, resident of Duliajan Oil Colony, P.S. Duliajan, District-Dibrugarh, seeking bail in Tinsukia P.S. Case No. 439/2024 registered under Sections 61(2)/316(2)/318(4)/366(3)/340(2) BNS corresponding to G.R. No. 914/2024, wherein he was arrested on 29.01.2025 and is in custody since then. 3. As per the FIR dated 09.12.2024 lodged before the Officer-in-Charge of Sadar Police Station, Tinsukia, the case is that the complainant being the authorized person of M/s EJJ Construction Company, Chennai on 09.09.2024 issued a demand draft of Rs.75,00,000/- to the Chief Conservator of Forest, Arunachal Pradesh for some contract works in the Forest Department of Arunachal Pradesh that was fraudulently brought under possession by some middleman and deceptively cleared in the HDFC Bank of Tinsukia Branch on 04.10.2024. The said FIR of the complainant dated 09.12.2024 was accordingly registered as Tinsukia P.S. Case No. 439/2024 under Sections 61(2)/316(2)/318(4)/366(3)/340(2) BNS. 4. It is submitted that considering his detention in custody since 29.01.2025, the petitioner should be granted bail in said Tinsukia P.S. Case. 5. It is also submitted on behalf of the petitioner that the FIR does not disclose any offence against him and he is no way connected with the financial fraud as alleged in the FIR and that he has been arrested merely on suspicion. 6. The case diary placed before the Court by Mr.
Parashar, learned Additional Public Prosecutor, Assam shows sufficient incriminating materials against the petitioner pertaining to his involvement in the alleged crime as out of Rs.75,00,000/-, petitioner received an amount of Rs.40,00,000/- in his personal bank account at Punjab National Bank, Duliajan Branch, out of which he had taken out Rs.30,00,000/- in cash by issuing cheques in the names of Nima Chetri, Suraj Chetri and Bhupender Balmiki and further amount of Rs.7,00,000/- through one Umesh Das keeping an
Page No.# 3/3 amount of Rs.3,00,000/- in his said account out of Rs.40,00,000/-. 7. Case diary shows that other accused persons are yet to be apprehended who have shared the amount of Rs.70,00,000/- that was issued by the concerned company in the name of Chief Conservator of Forest, Arunachal Pradesh on 09.09.2024. 8. Considering sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, this Court is of the view that it is not a fit case to grant bail to the petitioner, Sri Dheeraj Kumar Valmiki in said Tinsukia P.S. Case No. 439/2024 considering his detention in custody since 29.01.2025. 9. Accordingly, this bail application of the petitioner, Sri Dheeraj Kumar Valmiki, son of Satyapal Singh Valmiki, in said Tinsukia P.S. Case No. 439/2024 stands rejected. 10. Return the case diary. JUDGE Comparing Assistant