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2026 DAILYLAW 2798 (GAU)

BIKASH CHOUDHARY AND ORS v. THE STATE OF ASSAM

Bail Appln./658/2026 · 2026-03-15

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010044632026 2026:GAU-AS:3789 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./658/2026 BIKASH CHOUDHARY AND ORS S/O- DADHI CHOUDHARY. R/O- DOLAPANI, P.S.- ULUWANI, DIST.- NAGAON, ASSAM 2: CHANDAN MIZAR S/O- INDRA MAZAR. R/O- DOLAPANI P.S.- ULUWANI DIST.- NAGAON ASSAM 3: PURNA PAD DAS S/O- SUNIL DAS. R/O- HATIBANDHA P.S.- ULUWANI DIST.- NAGAON ASSAM. 4: KIRAN MADHAB SARMAH S/O- SUNIL DAS. R/O- HATIBANDHA P.S.- ULUWANI DIST.- NAGAON ASSAM. 5: DIPJYOTI DAS S/O- ASHOK DAS. R/O- UPARGAON P.S.- KUWARITOL DIST.- NAGAON ASSAM VERSUS Page No.# 2/4 THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. G BORAH, S CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA 16.03.2026 ORDER Heard Ms. G. Borah, learned counsel appearing for the accused applicant and Mr. M. P. Goswami, learned Addl. PP for the State of Assam. 2. This is an application filed under Section 483 of BNSS, 2023, praying for granting bail to the accused applicants in connection with Lanka P.S. Case No. 225/2025 under Sections 61(2)/319/(2)/318/(4)/336/(3)/(5) of BNS, 2023 read with Section 66D IT Act who have been arrested on 16.01.2026. 3. The case pertains to cheating of the complainant of a substantial amount of money. The accused applicant allegedly used multiple mobile numbers falsely identified themselves as individual residing at Italy, Ukraine and other foreign countries. They received the informant/ victim by claiming that one of his person was getting married and invited her to Delhi. The accused applicant immediately demanded certain amounts to be deposited into specified account and accordingly, the informant deposited the money under the believed that he would come from Italy and she would meet him in person. Subsequently, she Page No.# 3/4 realized that a fraud has been committed, effecting several persons involving individual posing in police official. The total amount involved in the alleged fraud is estimated to exceed more than 2,00,000/- (Rupees Two Lakhs). 4. On receipt of the FIR, the Police registered Lanka P.S. Case No. 225/2025 under the aforementioned sections. 5. It is seen that on 23.02.2026, this Court has rejected the bail application that was moved by the accused applicants. Subsequently, on 18.01.2026 also the bail application of the accused applicants was rejected by the Addl. District Judge, Hojai, Assam. 6. The learned counsel appearing for the accused applicants submits that the accused applicants were arrested on 16.01.2026 and they are behind the bars for the last 60 days. It is submitted that since the charge sheet is yet to be filed and the accused applicants have already spent 60 days in the judicial custody. Further, custodial detention in this case may not be required. 7. This Court after taking into the fact that the charge sheet is yet to be filed and the accused applicants have already spent for more than 60 days inside the jail is of the considered opinion that the accused applicant should be granted bail, at this stage. Accordingly, the accused applicants, namely, (i) Bikash Choudhary, (ii) Chandan Mizar, (iii)Purna Pad Das, (iv) Kiran Madhab Sarmah and (v) Dipjyoti Das shall be released forthwith on bail on furnishing bail bond of Rs.20,000/- each to the satisfaction of the learned CJM, Hojai subject to the following conditions:- Page No.# 4/4 (i) that the accused applicants shall appear before the Investigating Officer whenever they are required; (ii) that the accused applicants shall not try to influence any witnesses that may be involved in the instant case; 8. Accordingly, the instant bail application stands disposed of, as allowed. JUDGE Comparing Assistant