Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063752025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./902/2025 TAPAN BARMAN S/O BINOD BARMAN R/O SHYAMRAIPAM P.S. CHAPAR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RANA, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER 26.03.2025
Heard Mr. S Rana, learned counsel for the petitioners and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Tapan Barman, son of Binod Barman, resident of village- Shyamraipam, P.S.-Chapar, District-Dhubri, has filed this application under Section 483 of the
Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Basistha Police Station Case No. 159/2025 under Section 305(b) of the BNS, 2023, corresponding to G.R. No. 1481/2025, in which he was arrested on 18.03.2025 and is in custody since then.
3. As per the FIR dated 17.03.2025 lodged by the complainant before the Officer-in-Charge of Basistha Police Station, the case is that on 17.03.2025 in the morning some unknown miscreant entered into her rented house and stolen her Black and Purple colour NTORQ Scooty bearing Registration No. AS-01-FW-9707.
4. Accordingly, Basistha Police Station Case No. 159/2025 was registered under Section 305(b) of the BNS, 2023.
5. Police during investigation arrested the accused petitioner on 18.03.2025 and recovered the said two wheeler from his house from Chamrai Pam under Chapar Police Station of District- Dhubri.
6. As the stolen scooty has already been recovered and seized and considering the detention of the petitioner in custody since 18.03.2025, this Court is of the opinion that his further custodial detention is not warranted to investigate said Basistha P.S. Case No. 159/2025.
7. As such, this bail application of the petitioner is accepted.
8. Accordingly, the petitioner, namely, Tapan Barman be released on bail in said Basistha P.S. Case No. 159/2025, on furnishing a bail bond of Rs. 50,000/-, with 2 (two) local sureties each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Basistha P.S. Case No. 159/2025 as and when he is required for necessary investigation of the said case; (ii) shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup (Metro), without obtaining prior written permission from the said authority; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such
facts to the Court or to any police officer;
Page No.# 3/3 (v) shall not indulge himself in any offence or any criminal activities in future.
9. It is also made clear that in the event of filing of charge-sheet in said Basistha P.S. Case No. 159/2025 against the petitioner and on cognizance of offence being taken by the concerned Court, the petitioner shall appear before the said Trial Court on the dates fixed till completion of the trial of the case.
10. Failure on the part of the petitioner, Tapan Barman, to comply with any of the aforesaid terms and conditions, the bail granted to him in aforesaid Basistha P.S. Case No. 159/2025 shall stand automatically vacated.
11. Bail application accordingly stands disposed of.
JUDGE Comparing Assistant