Allowed

Kulen Nath v. the State of Assam

Gauhati HC15 Jul 2024Bail Appln./2025/2024

Case brief

AI extract

What is this about?

Bail application filed under Section 483 BNS, 2023 by accused Kulen Nath in an IPC case involving cheating and criminal conspiracy. The Court granted bail considering that co-accused were already on bail and the incident arose from a pending civil dispute. No further custodial interrogation was deemed necessary.

What did the court decide?

Petitioner released on bail bond of Rs. 25,000 with one surety of like amount to the Sub-Divisional Judicial Magistrate, Darrang, Mandaloi, Assam.

Kulen Nath Vs the State of Assam — Cheating and Forgery | Gauhati HC (2024)

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GAHC010138502024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2025/2024

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KULEN NATH

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S/O LATE PUWARAM NATH, R/O VILL- BADISISHA, P.S.-SIPAJHAR, DISTDARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 16-07-2024

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Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M. Hoque, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State of Assam.

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This is an application made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail by the accused/petitioner, namely, Kulen Nath , who was arrested on 20.06.2024

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in connection with Sipajhar P.S. Case No. 94/2024 registered under Sections 120(B)/420/468/506 of IPC.

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Mr. Goswami, learned Additional Public Prosecutor for the State of Assam has vehemently objected the prayer of the petitioner to grant bail.

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It is seen that co-accused have already been enlarged on bail. It is also seen that there are civil litigation pending between the parties and the incident occurred in connection with such civil dispute. The petitioner was arrested on 20.06.2024 and since then, he is in custody.

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Considering the matter in entirety and the period of detention, this Court is of the considered opinion that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation.

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Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darrang, Mangaldoi, Assam, with the following conditions.

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(a) Shall not leave the territorial jurisdiction of learned Sub Divisional Judicial Magistrate, Darrang, Mangaldoi, Assam, without prior written permission from him/her;

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(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(c) Shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court

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or to any police office.

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In terms of the above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Kulen Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

Kulen Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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