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2025 DAILYLAW 9100 (GAU)

SRI PUNYADHAR KURMI v. THE STATE OF ASSAM

AB/574/2025 · 2025-03-23

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010052592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/574/2025 SRI PUNYADHAR KURMI S/O- SUKRAM KURMI, VILL- PACHIM BALIKHETIA, P.S- SAPEKHATI, DIST- CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H P GUWALA, MS N NEWME,MR. A BORO Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 24.03.2025 Heard Mr. H P Guwala, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Sri. Punyadhar Kurmi, son of Sri Sukram Kurmi, resident of village-Pachim Balikhetia, Police Station-Sapekhati, District- Charaideo has filed this application on 10.02.2025 under section 482 BNSS, 2023, seeking pre arrest bail in Sapekhati Police Station Case No. 5/2025 under Sections 316(2)/318(4)/336(3) of the BNS, 2023, corresponding to G.R. No. 62/2025. 3. The complainant on 01.03.2025 lodged a written FIR before the Officer-in-Charge of Sapekhati Police Station alleging that the petitioner from his computer shop makes fake caste certificate, Birth certificate and other certificates and thereby defrauded the simple villagers. 4. The said FIR dated 01.03.2025 was accordingly registered as Sapekhati Police Station Case No. 5/2025 under Sections 316(2)/318(4)/336(3) of the BNS, 2023. 5. The Court by order dated 13.03.2025 called for the relevant case diary. 6. Perused the case diary placed before the Court today by Mr. B Sharma, learned APP, Assam. 7. From the case diary, it is seen that the petitioner is the owner of Kurmi Computer Shop located at Goriasiga village under Sapekhati Police Station. 8. From the statements of the witnesses so far recorded by the concerned Investigating Officer of the case under Section 180 BNSS, it is seen that the petitioner from his said computer shop issued several Birth Certificates, Pan Cards, Voter ID Cards, E-Shram Cards etc. to the villagers by charging money and those certificates have been found to be fake and forged. The concerned I.O. of the case has already seized some of such certificates issued by the petitioner and the statement of the victims have also been Page No.# 3/3 recorded under Section 183 BNSS by the learned Judicial Magistrate First Class, Charaideo on 06.03.2025. 9. The victims are mostly tea garden labourers and the petitioner after lodging of the FIR of the case fled from his village, keeping his said computer shop closed. 10. Considering such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner in said Sapekhati Police Station Case No. 5/2025. 11. Accordingly, this pre-arrest bail application of the petitioner, Sri. Punyadhar Kurmi, in said Sapekhati Police Station Case No. 5/2025, stands rejected. 12. This pre-arrest bail application accordingly stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant