Nirmal Payeng Vs the State of Assam

2. This application under Section 482 of BNSS, 2023 (under old act Section 438 of the Cr.PC) for granting of Anticipatory Bail to the petitioner, namely,

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Nirmal Payeng , who is apprehending his arrest in connection with North Lakhimpur PS Case No. 346/2024 under Sections 308(2)/356(2)/61(2) of BNS read with Section 66 (E) of IT Act, 2023.

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3. The gist of accusation in this case is that the victim girl has lodged an FIR before the Officer-In-Charge of North Lakhimpur Police Station, inter-alia, alleging that the petitioner who has been named as accused No.1 in the FIR has demanded money from a doctor with whom the first informant had made a reel video and had posted the same in social media.

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4. The learned counsel for the petitioner has submitted that the reel video involving in this case has been posted by the victim girl herself in the social media about 3 years back which is apparent from the FIR itself. He also submits that the petitioner was granted interim anticipatory bail by this Court on 18.02.2025. However, as in respect of the same incident another FIR was lodged by another informant and in separate case i.e. North Lakhimpur PS Case No. 353/2024 was registered wherein the petitioner was not on interim bail he could not appeared before the police. He however submits that the petitioner is ready to cooperate with the investigating office and his custodial detention may not be necessary for fair completion of the investigation in this case.

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5. On the other hand, learned Addl. PP has produced the Case Diary of North Lakhimpur PS Case No. 346/2024 and has submitted that in fact it appears that in respect of the same incident another FIR has been lodged by one Dr. Arup Kumar Dutta.

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6. I have considered the submissions made by the learned counsel for both the sides.

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7. As the second FIR filed by Arup Kumar Dutta in connection with the same incident would be barred by Section 161 of the BNSS. In support of the same FIR cannot be registered as the second FIR would be treated as a statement given by witness under Section 181 of BNS. As being the post involved in question as the reel was uploaded by the victim girl herself before 3 years back and as the petitioner is ready to cooperate in the investigation, this Court is considered opinion that the custodial interrogation may not be necessary for fair completion of the investigation in the case.

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8. For the reasons stated hereinabove named petitioner is directed to appear before the Investigating Officer of North Lakhimpur PS Case No. 346/2024 within a period of 7 days from the date of receipt of this order and cooperate with the investigation. If he do so within the stipulated period of time, in the event of his arrest, in connection with the aforesaid case, all the above named petitioners in the aforementioned case is hereby allowed to go on bail of Rs.30,000/-( Rupees Thirty Thousand only) each with a suitable surety of like amount subject to the satisfaction of the arresting authority with the following conditions:-

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(i) the petitioner shall co-operate in the trial; and

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(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from

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disclosing such facts before the Investigating Officer or to any Court.

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9. With the above observations, this anticipatory bail application is hereby disposed of.

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10. Return the case diary.

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JUDGE

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Nirmal Payeng v. the State of Assam

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Nirmal Payeng v. the State of Assam

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