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2026 DAILYLAW 5247 (GAU)

BISWAJIT DEY v. THE STATE OF ASSAM

Bail Appln./184/2026 · 2026-04-29

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010008692026 2026:GAU-AS:5964 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./184/2026 BISWAJIT DEY S/O MR. RANJIT KR. DEY RESIDENT OF BLOCK NO A24, UDAY PATH, NEAR HAYAT HOSPITAL LAL GANESH ODALBAKRA PS DISPUR KAMRUP METRO PIN 781034 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A SARMAH, MS M SUTRADHAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 30.04.2026. Heard Mr. A. Sarmah, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant Page No.# 2/3 of bail to the accused petitioner, namely, Biswajit Dey who has been arrested on 15.01.2026, in connection with Basistha P.S. Case No. 14/2026, under Sections 6192)/338/340(2) of the BNS, 2023. The scanned copy of the TCR along with the case diary is received and perused the same. It is submitted by Mr. Sarmah, the learned counsel for the accused petitioner is no way connected in the alleged offence. However, it is a fact that some copies were edited in his computer shop only on the belief that those documents are genuine. The main accused of the present case, namely, one Beneet Bardhar @ Raju had produced some documents to be edited and on good belief only those documents were edited by the present petitioner in his computer shop. The case has already been charge sheeted and the present accused petitioner is also on interim bail vide this Court’s order dated 04.02.2026 and hence, Mr. Sarmah, the learned counsel submitted that the interim bail granted to the present accused petitioner may be made absolute. Mr. Goswami, the learned Addl. P.P., Assam submitted in this regard that as per the allegation, the present accused petitioner is the person in whose computed shop, all the fake and forged domicile documents were edited which were shown to be issued by the Circle Officer and when came to know about the same, the FIR of the present case was lodged by the Circle Officer, Dispur Revenue Circle. Mr. Goswami, the learned Addl. P.P., Assam further submitted that the case has already been charge sheeted and no evidence is recorded till date and accordingly, he submitted that the petitioner may be asked to appear before the learned Trial Court below and to face the trial. Page No.# 3/3 Hearing the submissions made by learned counsel for both sides, I have also perused the scanned copy of the TCR, wherefrom it reveals that the case has already been charge sheeted and is pending for trial. Further, it is seen that vide order dated 04.02.2026, the petitioner was granted with the interim bail and there is no allegation of jumping over the conditions of bail imposed on him while granting the interim bail. In view of this and also considering the fact that the case has already been charge sheeted, the interim bail granted to the petitioner on 04.02.2026 is hereby made absolute in the same terms and conditions, with further direction to the petitioner to appear before the learned Trial Court below on each and every date, to be fixed by the Court. With the above direction, the present bail petition stands allowed and disposed of. JUDGE Comparing Assistant