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

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

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner Sri Uday Mondal, in custody since 15.02.2025 in Sonapur P.S. Case No. 230/2024 (registered under Sections 61(2)/316(2)/318(4)/336(3)/340(2) BNS, 2023), should be granted bail.

Court's answer

Perusal of the case diary shows it implicates the petitioner Uday Mondal as one of the financers, along with certain bike dealers and bank employees, of the accused persons including Bubul Rabha, who used to fraudulently purchase two-wheelers/motor bikes in the names of innocent villagers.

Ratio / Principle

From the case diary, independent witnesses have implicated the petitioner, who cheated innocent villagers and others by forging their Aadhar cards, Pan cards and signatures and purchased numbers of two wheelers in their names without their consent.

Key takeaways

Given the incriminating materials in the case diary regarding the petitioner's involvement in the alleged crime, the Court opined that his detention since 15.02.2025 cannot be considered for grant of bail in Sonapur P.S. Case No. 230/2024.ratio¶23

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Manash Ranjan Pathak), order dated 19.03.2025 on Bail Appln./687/2025: Application under Section 483 of BNSS, 2023 by Sri Uday Mondal, in custody since his arrest on 15.02.2025, seeking bail in Sonapur P.S. Case No. 230/2024, registered under Sections 61(2)/316(2)/318(4)/336(3)/340(2) BNS, 2023 (cheating and forgery ring in which accused Bubul Rabha, with the help of a bank and bike dealers, took villagers' Aadhar/Pan Cards and photographs on a loan promise, forged signatures, and fraudulently purchased and disposed of motorcycles). Perusing the case diary, the Court found it implicates the petitioner as one of the financers along with certain bike dealers and bank employees, and that independent witnesses implicated him in cheating innocent villagers by forging Aadhar cards, Pan cards and signatures and purchasing two-wheelers in their names without consent. Holding that such incriminating materials meant his detention could not be considered for bail, the Court rejected the bail application and directed return of the case diary.

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GAHC010049032025

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

Case No. : Bail Appln./687/2025

SRI UDAY MONDAL

SON OF SRI SURAJ MANDAL VILLAGE AMARAPATHAR UNDER SONAPUR POLICE STATION IN THE DISTRICT OF KAMRUP (METRO) ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

19.03.2025

Heard Mr. B M Choudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

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2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Uday Mondal, son of Sri Suraj Mandal, resident of Village-Amarapathar, P.S.-Sonapur , District-Kamrpu(Metro), seeking bail in Sonapur P.S. Case No. 230/2024 registered under Sections 61(2)/316(2)/318(4)/336(3)/ 340(2) BNS, 2023, wherein he was arrested on 15.02.2025 and is in custody since then.

3. As per the FIR of the case, one accused, namely, Bubul Rabha, son of Sri Akan Rabha, since the last 11 months inducing the informant and others took their Aadhar Cards, Pan Cards and photographs saying that they will be provided with loan and with their documents, he has purchased motor cycle and sold it to different parts of the State including Meghalaya and Bangladesh. Such act was done by said Bubul Rabha with the help of the concerned bank and bike dealers. Said Bubul Rabha along with the concerned bank and bike dealers forged the signatures of the informant and others and thereby cheated them. Accordingly, said FIR was registered as Sonapur P.S. Case No. 230/2024 under Sections 61(2)/ 316(2)/318(4)/ 336(3)/340(2) BNS, 2023.

4. It is submitted by the petitioner that he is no way connected with the case and has been wrongly arrested without any basis.

5. Perused the case diary placed before the Court by Mr. Sarma, learned Additional Public Prosecutor, Assam.

6. Case diary implicates the petitioner Uday Mondal, as one of the financer along with some other bike dealers and bank employees of the accused persons of the case including Bubul Rabha who used to purchase the two wheelers/motor bikes fraudulently in the name the innocent villagers.

7. From the case diary, it is seen that the independent witnesses have implicated the petitioner, who cheated the innocent villagers and others by forging their Aadhar cards, Pan cards and signatures and purchased numbers of two wheelers in their names without their consent.

8. Finding such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that detention of the petitioner since 15.02.2025 cannot be considered for his bail in said Sonapur P.S. Case No. 230/2024.

9. Accordingly, this bail application of the petitioner, Sri Uday Mondal , in said Sonapur

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P.S. Case No. 230/2024 , stands rejected .

10. Return the case diary.

JUDGE

Comparing Assistant