Diganta Kalita v. The State of Assam

ORDER Date : 06.11.2024 Heard Mr. H. Ali, learned counsel appearing for the petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Page No.# 2/2 Diganta Kalita has prayed for releasing him on bail, after he was arrested in connection with Nagaon P.S. Case No. 888/2024.

¶3The informant has invested Rs. 1.5 crore in a company, namely, E Corp. Solution Ltd., where the petitioner worked as an employee. In order to facilitate investment of Rs.1.5 crore by the informant, the petitioner and the informant had executed some documents, where both sides had put their signatures. After that, the said company dis-appeared. Therefore, the informant lodged the FIR before police.

¶4Mr. Ali has submitted that the petitioner has already spent 54 days in judicial custody. According to Mr. Ali, the period of detention of the petitioner already undergone by him in custody should be taken as the ground for releasing him on bail.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The petitioner being the employee of the said company had put the signatures in documents after which the informant invested Rs.1.5 crore. Therefore, the petitioner was a part of the offence that was done by some other persons. Therefore, this Court does not find any ground for releasing the petitioner on bail.

¶7The bail application stands rejected and disposed of accordingly. CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010222792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3270/2024 DIGANTA KALITA S/O LATE ANIL KALITA R/O FOREST GATE, NARENGI P.S. NOONMATI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MALAKAR, MR. R KONWAR,MS B KOUSHIK,MR H ALI,MR. U K BARMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA