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2025 DAILYLAW 8842 (GAU)

SRI UDAY MONDAL v. THE STATE OF ASSAM

Bail Appln./687/2025 · 2025-03-18

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010049032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./687/2025 SRI UDAY MONDAL SON OF SRI SURAJ MANDAL VILLAGE AMARAPATHAR UNDER SONAPUR POLICE STATION IN THE DISTRICT OF KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19.03.2025 Heard Mr. B M Choudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Uday Mondal, son of Sri Suraj Mandal, resident of Village-Amarapathar, P.S.-Sonapur, District-Kamrpu(Metro), seeking bail in Sonapur P.S. Case No. 230/2024 registered under Sections 61(2)/316(2)/318(4)/336(3)/ 340(2) BNS, 2023, wherein he was arrested on 15.02.2025 and is in custody since then. 3. As per the FIR of the case, one accused, namely, Bubul Rabha, son of Sri Akan Rabha, since the last 11 months inducing the informant and others took their Aadhar Cards, Pan Cards and photographs saying that they will be provided with loan and with their documents, he has purchased motor cycle and sold it to different parts of the State including Meghalaya and Bangladesh. Such act was done by said Bubul Rabha with the help of the concerned bank and bike dealers. Said Bubul Rabha along with the concerned bank and bike dealers forged the signatures of the informant and others and thereby cheated them. Accordingly, said FIR was registered as Sonapur P.S. Case No. 230/2024 under Sections 61(2)/ 316(2)/318(4)/ 336(3)/340(2) BNS, 2023. 4. It is submitted by the petitioner that he is no way connected with the case and has been wrongly arrested without any basis. 5. Perused the case diary placed before the Court by Mr. Sarma, learned Additional Public Prosecutor, Assam. 6. Case diary implicates the petitioner Uday Mondal, as one of the financer along with some other bike dealers and bank employees of the accused persons of the case including Bubul Rabha who used to purchase the two wheelers/motor bikes fraudulently in the name the innocent villagers. 7. From the case diary, it is seen that the independent witnesses have implicated the petitioner, who cheated the innocent villagers and others by forging their Aadhar cards, Pan cards and signatures and purchased numbers of two wheelers in their names without their consent. 8. Finding such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that detention of the petitioner since 15.02.2025 cannot be considered for his bail in said Sonapur P.S. Case No. 230/2024. 9. Accordingly, this bail application of the petitioner, Sri Uday Mondal, in said Sonapur Page No.# 3/3 P.S. Case No. 230/2024, stands rejected. 10. Return the case diary. JUDGE Comparing Assistant