Shri Amarjyoti Sarmah vs The State Of Assam
2025 Latest Caselaw 5173 Gua

Citation : 2025 Latest Caselaw 5173 Gua
Judgement Date : 10 June, 2025

Gauhati High Court

Shri Amarjyoti Sarmah vs The State Of Assam on 10 June, 2025

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GAHC010117782025




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

                                  Case No. : AB/1298/2025

            SHRI AMARJYOTI SARMAH
            SON OF LATE KARTIK SARMAH, RESIDENT OF PORBOTIA GAON, P.S.
            PULIBOR, P.O. PARBATIA,
            DIST. JORHAT, ASSAM
            PIN- 785006.

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MS. B BHUYAN, MS. P KAKATI,MS M KAKOTY,MR. P K
SARMA,MS R SAHIN

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 10.06.2025

1. Heard Mr. P. K. Sarma, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Amarjyoti Sarmah, who is apprehending his arrest in Page No.# 2/3

connection with Biswanath P.S. Case No. 105/2025 under Sections 61(2)/ 318(4)/ 316(2)/ 318(2) of BNS.

3. The gist of accusation in this case is that on 23 rd of May, 2025, one Rajdeep Newar had lodged an FIR before the Officer-in-charge of Biswanath

Police Station, inter alia, alleging that on 22nd of May, 2025, a secret information was received by the police regarding an illegal money transaction network operating in various parts of Assam and accordingly three accused persons, namely, Preetom Hati Baruah, Anupam Bhorali and Ibrahim Ali were arrested in front of Asomi Rice Hotel. It was also alleged that the present petitioner, namely, Amar Sarmah managed to flee away from the place of occurrence.

4. The learned counsel for the petitioner has submitted that though Biswanath P.S. Case No. 105/2025 was registered alleging the offence of cheating and criminal breach of trust, however, he submits that there is a catena of judgments by the Apex Court whereby the proposition of law has been laid down that both the offences cannot be access together on a common allegation. He submits that the accusation made in the FIR is vague with no specific allegation as to whom the petitioner has cheated.

5. The learned counsel for the petitioner has also submitted that the apprehended co-accused persons had taken on rent the vehicle belonging to the petitioner and the petitioner is in no way involved in any offence alleged in this case. He further submits that the petitioner is ready to co-operate in the investigation.

6. On the other hand, the Additional Public Prosecutor has prayed for calling of the case diary.

7. Hence, call for the case diary.

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8. List this matter again on 27th of June, 2025.

9. However, in the meanwhile, considering the submissions made by the learned counsel for the petitioner, the above named petitioner is directed to appear before the Investigating Officer of Biswanath P.S. Case No. 105/2025 within a period of seven days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest, in connection with the aforesaid case, he shall be allowed to go on interim bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:-

(i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer;