Gauhati High Court
Bidhan Chandra Roy vs Kanu Debnath on 24 June, 2025
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GAHC010123792025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/671/2025
BIDHAN CHANDRA ROY
SON OF LATE ROSHENDRA MOHAN ROY @ ROSHENDA ROY R/O
HAILAKANDI
TOWN
WARD NO. 3
P.O.
P.S. AND DIST. HAILAKANDI
ASSAM
VERSUS
KANU DEBNATH
SON OF LATE NONI GOPAL VILL/TOWN HAILAKANDI TOWN
WARD NO. X
P.O
P.S. AND DIST. HAILAKANDI
ASSAM
------------
Advocate for : MR. A M BARBHUIYA
Advocate for : appearing for KANU DEBNATH
Crl.Rev.P./233/2025
BIDHAN CHANDRA ROY
SON OF LATE ROSHENDRA MOHAN ROY @ ROSHENDA ROY
R/O HAILAKANDI, TOWN, WARD NO. 3, P.O., P.S. AND DIST. HAILAKANDI,
ASSAM
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VERSUS
KANU DEBNATH
SON OF LATE NONI GOPAL
VILL/TOWN HAILAKANDI TOWN,
WARD NO. X, P.O, P.S. AND DIST. HAILAKANDI, ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
24.06.2025
Heard Mr. A.M. Barbhuiya, learned counsel for the applicant.
By way of this application under Section 438 of the BNSS, 2023, read with Section 430, the
applicant is seeking allowing the accused petitioner i.e. Bidhan Chandra Roy to go on fresh or previous
bail and stay the operation of the impugned Judgment and Order dated 06.03.2025 passed by the
learned Addl. Chief Judicial Magistrate, Hailakandi in Criminal Appeal No. 06/2024 which was
affirmed by the impugned Judgment and Order dated 30.12.2024 passed by the learned Addl. Chief
Judicial Magistrate, Hailakandi in NI Case No. 61/2019 under Section 138 of the NI Act.
The brief fact of the case is that the applicant was convicted by Judgment and Order dated
30.12.2024 passed by the jurisdictional Magistrate Court in the above reference NI Case whereby the
applicant was sentenced to undergo SI for a period of 6 months under Section 138 of the NI Act and
also to pay a sum of Rs. 600,000/- as a compensation.
It appears that against the aforesaid conviction the appeal was filed before the learned Addl.
Session Judge, Hailakandi which was dismissed. It further appears that after the said appeal was
dismissed, the applicant was arrested on 25.05.2025 before the expiry of the statutory period of
limitation for filing criminal revision petition and since then he is in Jail.
Situated thus, the present IA has been filed alongwith the accompanying criminal revision
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petition.
I have heard the learned counsels for the parties and I have also perused the materials available
on record.
It appears that during the trial as well as the appeal period, the applicant was on bail and has not
done any act to hamper the investigation. Further, the ground of challenge appears to be prima facie
substantial grounds. ,
Accordingly, the operation of the impugned Judgment and Order dated 30.12.2024 passed by
the learned Addl. Chief Judicial Magistrate, Hailakandi in NI Case No. 61/2019 shall remain suspended
until further order.
Resultantly, the applicant is directed to be released forthwith on furnishing a bail bond of Rs.
50,000/- to the satisfaction of the learned Addl. Chief Judicial Magistrate, Hailakandi subject to another
condition as the learned jurisdictional Magistrate Court may deem fit and appropriate.
The IA stands disposed of.
JUDGE
Comparing Assistant
