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2026 DAILYLAW 16701 (GAU)

SRI BALENDRA DHARMAPANI v. THE STATE OF ASSAM

Bail Appln./3044/2026 · 2026-10-12

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010217242026 2026:GAU-AS:15516 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3044/2026 SRI BALENDRA DHARMAPANI SON OF LATE UPENDRA DHARMAPANI, VILLAGE AKAYA, P S PATACHARKUCHI, DISTRICT BAJALI, ASSAM, PIN 781329. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A RASHID, MR R AMEEN,MR A A DEWAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13.10.2026 Heard Mr. A.A. Dewan, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. M.P. Goswami, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for Page No.# 2/3 grant of bail to the accused-applicant in connection with Patacharkuchi P.S. Case No. 146/2026 (Corresponding to G.R. No. 251/2026, registered under Sections 318(4)/319/61(2)/3(5) of BNS, 2023, read with Sections 66(C)/66(D) of IT Act, 2000. 3. The FIR was lodged on 17.09.2026 before the Officer-in-Charge, Patacharkuchi Police Station, by one SI Kalpajyoti Deka, alleging that upon receipt of certain secret information to ascertain the allegations regarding cyber fraud and cyber offenses, an enquiry was conducted. It is alleged that during the course of the enquiry, it was revealed that the bank account number 5965288109, maintained with the Central Bank of India, Pathsala, Bajali Branch, is a joint account held by Mr. Balendra Dharmapani and Mr. Himangshu Kalita. On further enquiry, it was found that cheating, identity theft, and cheating by impersonation have been committed by the accused persons, and more than rupees 1 crore were received in the aforesaid bank account. It is also alleged that 22 complaints relating to cyber fraud, cheating, and impersonation have been registered against the aforementioned accused persons’ bank account on the National Cyber Crime Reporting portal. 4. The learned counsel appearing for the accused-applicant submits that his bank account has already been frozen, and all required documents have already been seized by the police. Therefore, since he is behind bars for 67 days, he should be granted bail at this stage, taking into account the aforesaid facts. 5. The learned Addl. PP, on the other hand, opposes the prayer for the bail, stating that the investigation in the instant matter is still pending and the offense involved is an organized crime involving many other accused persons. 6. Case Diary in the instant matter has been received and the same is perused by this Court. This Court has also heard the submissions made by the learned Page No.# 3/3 counsel for the respective parties. 7. Taking into account the kind of offence that has been alleged in the FIR and the money that has been transferred in the aforesaid account, this Court is not inclined to grant any relief to the accused-applicant at this stage. Accordingly, the instant bail application stands dismissed as rejected. JUDGE Miriam Degu (SPA)