Nirmal Payeng Vs the State of Assam

¶1

Page No.# 1/4

¶2

GAHC010027052025

¶3

undefined

¶4

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

¶5

Case No. : AB/358/2025

¶6

NIRMAL PAYENG S/O LATE KAMAL PAYENG R/O NORTH LAKHIMPUR, WARD NO. 3, P.S. NORTH LAKHIMPUR, PIN-787001

¶7

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. N D BHUYAN, MR. A. M. SIDDIQUE,MR P D BHUYAN,MR. D KULI

¶9

Advocate for the Respondent : PP, ASSAM,

¶10

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

¶11

ORDER

¶12

15.05.2025

¶13

Heard Mr. A. M. Siddique, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. PP, Assam.

¶14

2. This application under Section 482 of BNSS, 2023 for granting of Anticipatory Bail to the petitioner, namely, Nirmal Payeng , who is

¶15

Page No.# 2/4

¶16

apprehending his arrest in connection with North Lakhimpur PS Case No. 353/2024 under Sections 61(2)/308 (5)/3(5) of the BNS.

¶17

3. The gist of accusation in this case is that one Arup Kumar Dutta has lodged an FIR before the Officer-in-Charge of Lakhimpur PS, inter-alia, alleging that about 3 years back one of the his colleague made two simple reel videos which somehow obtained by one Nirmal Payeng. Thereafter, he threatened the informant over phone to make the video public maligning the informants image and told that he will kill him anywhere he meet the informant next. He also demanded Rs.10 Lakhs from the informant. It has further alleged in the FIR that the informant refused to give money to him and after that the informant got an information from his friends that the reel videos has published in whatsapp group. Thereafter one Ujjal Bhuyan and Pranjit Gogoi both are associates of Nirmal Payeng gave facebook post with the videos of the informant with captions maligning his image and asking people not to come to his nursing home.

¶18

4. The learned counsel for the petitioner has submitted that in support of the same incident an FIR has been lodged by the victim girl herself which was registered as North Lakhimpur PS Case No. 346/2024. He further submits that in the FIR filed by the victim in the same case she has admitted that she had posted the reel video in the social media about 3 years back. Learned counsel further submits that the allegation of demand of money wherein the present informants are not true and he is ready to cooperate in the investigation. He also submits that the petitioner has already been granted anticipatory bail by this Court in connection with Lakhimpur PS Case No. 346/2024.

¶19

Page No.# 3/4

¶20

5. On the other hand, learned Addl. PP has submitted that the case diary in respect of North Lakhimpur PS Case No. 353/2024 is not available however, he fairly submits that the incident involve in the present case as well as in the case of North Lakhimpur PS Case No. 346/2024 are same incident and the case diary of the said case it cannot be ascertained in veracity of allegations made in the present FIR may not be entertained as it is updated only on 17.11.2024 .

¶21

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

¶22

7. It appears from the materials on record that the reel video in question was appeared to have been uploaded 3 years back by the victim girl herself. As regarding requisition of demand of money, the FIR itself shows that the informant has not paid any money to the petitioner and the grievance of the present informant in the case is that the reel video which was uploaded 3 years back by her colleague were again uploaded by the friends of the present petitioner namely, Ujjal Bhuyan and Pranjit Gogoi.

¶23

8. Considering the nature of accusation of this case as well as the facts that the petitioner has already been granted anticipatory bail in connection with the North Lakhimpur PS Case No. 346/2024, this Court is of the considered opinion that if the petitioner cooperate with the investigation with the Investigating Officer, his custodial detention in the instant case may not be necessary for fair completion of the investigation.

¶24

Page No.# 4/4

¶25

9. In view of above, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the IO of North Lakhimpur PS Case No. 353/2024 within a period of 7 days from the date of receipt of this order and cooperate with the investigation. If the above names petitioner does so within the stipulated period of time, in the event of his arrest, in connection with the aforesaid case, the above named petitioner in the aforementioned case is hereby allowed to go on bail of Rs.30,000/-( Rupees Thirty Thousand only) with a suitable surety of like amount subject to the satisfaction of the arresting authority with the following conditions:-

¶26

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

¶27

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

¶28

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

¶29

11. Return the case diary.

¶30

JUDGE

¶31

Comparing Assistant

Nirmal Payeng v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nirmal Payeng v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Nishank Prasad Saikia Vs the State of Assam

Pranabjyoti Deka Vs the State of Assam

Power Grid Corporation of India Ltd. Vs the State of Assam and 29 Ors.

Ismail Ali and 2 Ors. Vs the State of Assam

Nirmal Payeng Vs the State of Assam

MD Bulbbul Hussain @ Bulbul Hussain Vs the State of Assam and Anr.