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2025 DAILYLAW 9917 (GAU)

BISWAJIT DAS v. THE STATE OF ASSAM

Bail Appln./1046/2025 · 2025-05-12

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010065212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1046/2025 BISWAJIT DAS SON OF DHARMESWAR DAS, RESIDENT OF VILLAGE TULSHIMUKH, KURUABAHI, P.S. SADAR (NAGAON), DISTRICT - NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR J C BORAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.05.2025 Heard Mr. J. C. Borah, the learned counsel appearing for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor appearing for the State of Assam. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Biswajit Das, Page No.# 2/2 who has been detained behind the bars since 12.02.2025 in connection with Nagaon P.S. Case No. 115/2025 under Sections 61 (2)/85/103 (1) of the BNS, 2023. The learned counsel for the petitioner has submitted that the petitioner has completed the statutory period of detention and on that ground, he has entitled to grant bail. On the other hand, learned Addl. PP has submitted that she has received the telephonic instructions from the Investigating Office that Charge-Sheet has not yet been filed. Considering the submissions made by the learned counsel for both the sides and also considering the period of detention already undergone by the petitioner, the above-named petitioner in the aforementioned case is hereby allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Nagaon with following conditions:- (i) the petitioner shall co-operate in the trial; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. With the above observations, this bail application is hereby disposed of. Return the case diary. JUDGE Comparing Assistant