Naresh Kumar Sahani and 4 Ors v. The State of Assam

ORDER

17.07.2024

¶1Heard learned counsel Mr. S. C. Biswas for the petitioners namely (i) Naresh Kumar Sahani, (ii) Sudish Paswan, (iii) Saheb Kumar, (iv) Navin Paswan, and (v) Jitendra Kumar Sahani.

¶2This application has been filed by the petitioners under Section 483 of the BNSS with prayer for bail as they are behind bars since 33 days in connection with Manikpur P.S. Case No. 88/2024 under Sections 120(B)/395 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4I have considered the submissions at the Bar with circumspection. I have also scrutinized the Case Diary.

¶5It is submitted on behalf of the petitioners that the FIR prima facie reveals Page No.# 3/4 that a false case has been slammed against them. It is not believable that for an exchange of Rs. 1 lac, any diligent person will part with Rs. 15,000, although, it is alleged that the petitioners induced the informant to part with Rs. 15,000 and in exchange, the petitioners paid Rs. 1 lac which was allegedly stolen from Dimapur. It is further submitted that it has been falsely alleged that instead of Rs. 1 lac, blank paper was given by the petitioners to the informant.

¶6The Case Diary reveals that there are incriminating materials against the petitioners. It is alleged that they had been operating around the region as members of the same gang and they had duped several innocent persons in this manner.

¶7The Case Diary reveals that investigation has progressed to a considerable extent.

¶8I have considered the submissions that the petitioners are willing to co-operate with the remaining part of the investigation and abide by any stringent bail conditions if imposed upon them. The petitioners being local residents are not flight risks.

¶9Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioners are enlarged on bail of Rs 30,000/- (Rupees thirty thousand) each, with a suitable surety of like amount to the satisfaction of the Elaka Magistrate under the conditions that:

(i) the petitioners shall refrain from such activities with which they are alleged, and

(ii) the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

¶11Send back the Case Diary. Page No.# 4/4

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010137362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1991/2024o NARESHoKUMARoSAHANIoANDo4oORS.o S/OoRAMBABUoSAHANI,o VILL.-oMATHIYA-BARIYARPUR,oP.S.-oPIPRAoKOTHI,oDIST.-oEASTo CHAMPARAN,oSTATE-oBIHAR,oPIN-o845401. 2:oSUDISHoPASWAN oS/OoLATEoDHANSETHoPASWAN o VILL.-oMATHIYA-BARIYARPUR oP.S.-oPIPRAoKOTHI oDIST.-oEASToCHAMPARAN oSTATE-oBIHAR oPIN-o845401. 3:oSAHEBoKUMAR oS/OoNARAKoMAHATO o VILL.-oMATHIYA-BARIYARPUR oP.S.-oPIPRAoKOTHI oDIST.-oEASToCHAMPARAN oSTATE-oBIHAR oPIN-o845401. 4:oNAVINoPASWAN oS/OoINDALoPASWAN o VILL.-oMADHAPUR oP.S.-oTURKAULIA oDIST.-oEASToCHAMPARAN oSTATE-oBIHAR oPIN-o845401. 5:oJITENDRAoKUMARoSAHANI oS/OoLALoBABUoSAHANI Page No.# 2/4 VILL.- HARIPUR JUNEDA P.S.- MOTIPUR DIST.- MUZAFFARPUR STATE- BIHAR PIN- 842001 VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND