Sri Utpal Hazarika Vs the State of Assam

Heard Mr. R. P. Hazarika, learned counsel appearing for the accused petitioner as well as Mr. M. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent.

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This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Utpal Hazarika, praying for grant of bail in connection with Bihpuria P.S. Case No.2/2026 (in GR Case No. 13/2026) registered

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under Sections 316(2)/318(4) of the BNS Act .

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The FIR connected with the instant case reveals that the petitioner on the pretext of withdrawing money from PPF account in the name of husband of the informant collected all the necessary documents from her husband and then he opened a bank account in his name and then subsequently, withdrew Rs.2,23,486/- from the said PPF account. It is further alleged that that the petitioner left for Bengaluru without maintaining any contact with them.

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The police, on receipt of the Ejaha, registered the same under the aforesaid sections and in the forwarding report, the police stated that the statements of the complainant and the witnesses revealed that the petitioner collected documents and OTP from the informant saying that he would recover money from her husband's PPF account and that after obtaining all the documents and OTP, he opened a fake account in the name of the husband and withdrew the aforesaid sum of money from the same.

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Learned counsel for the petitioner submits that the petitioner has been inside jailed for 64 days without any complicity in the offense as alleged in the FIR.

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Mr. M. P. Goswami, learned counsel for the Additional Public Prosecutor, however, submits that the petitioner is alleged to have opened a fake account in the name of the husband of the informant and from there he withdrew the aforesaid sum and fled from the place.

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On consideration of the submissions made by the parties, more so on the fact that the incident had taken had taken place one year ago i.e.

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collecting the necessary documents from the informant and that the wife had stated that the petitioner had opened a bank account in the name of her husband and withdrew money from the same. Whereas in the forwarding report, the petitioner is stated to have opened a fake account.

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In view of the same, this court finds it fit that the petitioner be released on bail on furnishing of a bail bond of Rs.20,000/- with one local security of the like amount to the satisfaction of the learned CJM Lakhimpur, North Lakhimpur under the following conditions that the petitioner:

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(i) will appear before the investigating officer as and when called for.

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(ii) will not tamper with the evidence or influence the witnesses connected in the case.

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Accordingly, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Sri Utpal Hazarika v. the State of Assam

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Sri Utpal Hazarika v. the State of Assam

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