Disposed¶26

Sri Bhabakrishna Barman v. the State of Assam

Gauhati HC9 Mar 2025Bail Appln./253/2025

Case brief

AI extract

What is this about?

Default bail; Section 483 BNSS 2023; 60 days in custody without charge-sheet; Crime Branch P.S. Case No. 17/2024; Sections 61/319(2)/318(4)/316(2)/351(3) BNS 2023; FIR by Mohammad Suwaleen dated 13.12.2024; alleged NIA-employee impersonation and vehicle-auction cheating of Rs.32,00,000/-; four dishonoured cheques of Rs. 5,00,000/- each; interim bail 07.02.2025 extended 24.02.2025; surrender 05.03.2023 (as printed); bond Rs. 50,000/- with one surety; CJM Kamrup (M); Justice Robin Phukan; decided 10.03.2025; petition disposed of.

What did the court decide?

Default bail granted: the accused is to be enlarged on bail upon furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M). ¶26

Sri Bhabakrishna Barman Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

Page No.# 1/3

GAHC010019172025

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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./253/2025

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SRI BHABAKRISHNA BARMAN

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S/O LATE PRAFULLA BARMAN ,R/O AEI ROAD INDRADHANUSH SANGA AMIYA NAGAR , P.O SILPUKHURI, P.S CHANDMARI , DISTRICT KAMRUP (M), ASSAM, PIN 781003 PHONE 9577726468

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A HUDA, MR D MEDHI,MR K THAKUR

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 10.03.2025

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Heard Mr. K. Thakur, learned counsel for the petitioner also heard Ms. N. Das, learned Additional P. P. for the State respondents.

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This application, under Section 483 of the Bharatiya Nagarik Suraksha

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Sanhita (BNSS), 2023, is preferred by accused, namely, Bhabakrishna Barman, who has been languishing in jail hazot, since 17.12.2024, in connection with Crime Branch P.S. Case No. 17/2024, under Section 61/319(2)/318(4)/316(2)/351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, for grant of bail.

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It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one, Mohammad Suwaleen of Rajasthan, on 13.12.2024. The essence of allegation, against the present petitioner is that by misrepresenting himself to be an employee of the National Investigation Agency (NIA) and using NIA Logo, he promised to arrange eight vehicles (Bolero, Thar etc.) from an NIA auction and on such claim, the informant had transferred him a sum of Rs.32,00,000/- by online, in between February and April, 2023. However, only one vehicle was delivered to him with the proper legal document and when he visited to Guwahati, the accused gave him four cheques of Rs. 5,00,000/- each as security. But, the same returned dishonoured due to insufficient fund, and despite repeated request, he had failed to deliver the remaining vehicles and threatened to cause harm to him.

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Mr. Thakur, learned counsel for the petitioner submits that the petitioner has been languishing in jail hazot for last 60 days and that vide order dated 07.02.2025, this Court was pleased to grant him interim bail and accordingly he has furnished bail bond before the learned trial Court on 10.02.2025, so as to enable him to get his mother operated at Guwahati Medical College and Hospital, for a period of fifteen days and subsequently the same was extended by another ten days, vide order dated 24.02.2025, and thereafter, the accused

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surrendered before the learned trial Court on 05.03.2023, and excluding the aforesaid period also, the accused has completed sixty days in judicial custody and till date no charge-sheet has been submitted and as such, accused is entitled to default bail, as the punishment prescribed for the offence which the case has been registered is up to seven years and as such mandatory period of detention is 60 days.

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Ms. Das, learned Additional Public Prosecutor, Assam, obtaining instruction from the Officer-in-Charge, Crime Branch P.S. submits that till date no chargesheet has been submitted.

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Since, the accused is behind the bar for last 60 days and since then no charge-sheet has been submitted, this Court is of the view that the accused is entitled to default bail.

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Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), the accused be enlarged on bail.

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In terms of above, this bail petition stands disposed of.

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JUDGE

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Comparing Assistant

Sri Bhabakrishna Barman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Bhabakrishna Barman 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

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