Page No.# 1/3 GAHC010058152025 2025:GAU-AS:4557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./893/2025 BANJIT BORAH S/O- SRI HEMA BORAH, R/O- H NO. 32, MOHORI CAMP, OKHAMATI, PS- GOGAMUKH, DIST- DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR K THAKUR, MR D MEDHI,MR P SONOWAL,MR. J N SUWAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Mr. K. Thakur for the petitioner Banjit Borah, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 04.03.2025 in connection with Noonmati Police Station Case No. 35/2025 under Sections Page No.# 2/3 406/420/468/470/471/506 of Indian Penal Code, 1860. 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, who has raised objection stating that the petitioner is shown as arrested in connection with this case 04.03.2025 whereas he was earlier arrested in similar cases of fraud which clearly reflects criminal antecedents. Petitioner is not entitled to bail as he has committed fraud and he has taken the documents of several so called nursing students and has not returned their documents like mark sheets and admit cards. 3. The allegation against the petitioner is that he fraudulently through fake documents has cheated the informant and other such aspiring nursing students with admission in prestigious nursing colleges. He induced them to pay huge amount of money to procure admission in such institutions and then, he did not return the money. At present the victims have been highly prejudiced as they were not provided admission in the nursing colleges. 4. I have considered the submissions at the bar with circumspection and I have also scrutinized the Case diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The petitioner has earlier criminal antecedents. However, in this case investigation has progressed substantially. The petitioner has pledged to cooperate with the remaining part of investigation. 5. Considering all aspects, it appears that bail may be granted to the petitioner. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to Page No.# 3/3 the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioner shall not exercise threats to the witnesses or try to influence them. 6. On breach of any of the bail conditions, the jurisdictional Court/Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 7. In terms of the above observation, this Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant