Page No.# 1/3 GAHC010048002025 2025:GAU-AS:3256 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./650/2025 BANJIT BORAH S/O- SRI HEMA BORAH R/O- H/ NO. 32, MOHORI CAMP OKHAMATI, PS- GOGAMUKH, DIST- DHEMAJI, ASSAM, PH. 9577726468 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR. J N SUWAI,MR P SONOWAL,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-03-2025 Heard Mr. D. Medhi, the learned counsel for the petitioner and also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 17.02.2025 in connection with Cyber P.S. Case No. 02/2025 u/s 61(2)/318(4)/319(2)/336(3)/316(2) of BNS, 2023. 3. Heard the submissions made by learned counsel for both sides. The Case Diary is received and perused the same. 4. Mr. Medhi, the learned counsel appearing for the petitioner submits in this regard that the present accused/petitioner is innocent and he is no way involved with the alleged offence and he is purely a businessman. On the basis of the statement of the co-accused he got arrested in connection with the case. However, after remanding him from police custody he was not further interrogated by the Investigating Officer. Mr. Medhi further submitted that the accused-petitioner is in custody since 17.02.2025 and thus the Investigating Officer got sufficient time for his custodial interrogation and hence further custodial detention may not be required for the purpose of investigation. However, he is ready and willing to co-operate with the Investigating Officer in further investigation of the case, if he is granted the privilege of bail. 5. Mr. Baishya, the learned Additional Public Prosecutor submitted that during the investigation sufficient incriminating materials have been collected by the Investigating Officer and it is a cyber-crime and one gang is involved and the petitioner used to victimise some financially poor person and transactions were done through their accounts for safe transaction. But till date, the investigation is going on to know the source of those transactions and it is suspected that all the money was from unaccounted money and the source is to be investigated by the police. 6. Further, Mr. Baishya has submitted that the Investigating Officer has filed Page No.# 3/3 their written objection, objecting the bail prayer for the present accused/petitioner as his custodial interrogation will be required for further investigation of this case and in the same time it is stated in the objection that there is every chance of tampering with the investigation, if the accused/petitioner is released on bail at this stage. Mr. Baisya further submitted that considering the bail objection filed by the Investigating Officer, vis-à-vis, the gravity of the offence and also considering the fact that the investigation is still under process, the accused/petitioner may not be granted bail. 7. Considering the submissions made by learned counsel for both sides, it is seen that the Investigating Officer has collected sufficient incriminating materials against the present accused/petitioner and it is not a case that on the basis of the statement of the co-accused the present accused/petitioner got arrested in connection with this case. His further custodial interrogation may be required for the purpose of investigation and accordingly I do not find it proper to allow this petition at this stage and hence the same stands rejected. JUDGE Comparing Assistant