Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 7845 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 16 October, 2025

                                                                      Page No.# 1/3

GAHC010176762025




                                                                2025:GAU-AS:13859

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

                                   Case No. : AB/1910/2025

            MADHU SHASTRY
            SON OF LATE NAWIN KUMAR GUPTA
            R/O ARADHAL, MILAN NAGAR, WARD NO. 2, DHEMAJI TOWN,
            P.O.AND P.S. DHEMAJI,
            DIST. DHEMAJI, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR. B K GOGOI,

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                        HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 16.10.2025

Heard Mr. B. K. Gogoi, learned counsel for the petitioner. Also heard Mr. K. Baishay, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of BNSS, 2023 has been filed by the Page No.# 2/3

petitioner, namely, Madhu Shastry, seeking pre-arrest bail in connection with Dhemaji P.S Case No.117/2025 (Corresponding G.R Case No.358/2025 (DMJ) under Sections 420/468 of IPC.

3. The instant case arose out of ejahar dated 25.06.2025 lodged by one Deba Kumar Das, stated to be General Secretary of All Assam Scheduled Caste Students Union with the allegations that the petitioner fraudulently obtained Scheduled Caste certificate No.356 from the Office of learned Deputy Commissioner, Dhemaji and thereafter, he secured appointment at Dhemaji College under the category reserved for Scheduled Caste candidates.

4. The learned counsel for the petitioner contends and submits that earlier on 21.04.2015, the said Deba Kumar Das in the same capacity lodged an ejahar with regard to the same Schedule Caste certificate No.356 with the same allegations and as a result of the said complaint, the petitioner also faced the trial which resulted in acquittal vide judgment and order dated 19.04.2023 in PRC Case No.260/19 rendered by the Court of learned Additional CJM, Dhemaji.

5. The petitioner was granted interim pre-arrest bail on 08.08.2025 by this Court, pursuant to which he appeared before the I.O. and his statements recorded.

6. The case diary has been received.

7. It is submitted by Mr. Baishya, learned Additional Public Prosecutor that on earlier occasion, case was filed against the petitioner over the same issue and it resulted in a criminal possession and finally acquittal.

8. It is further submitted that as per the materials available in the case diary, Page No.# 3/3

the caste certificate of the petitioner was cancelled by the authority and against which the petitioner has filed one writ petition before this Court and the same is pending. After the cancellation of the caste certificate this FIR was lodged.

9. In the backdrop of the aforesaid facts and circumstances, and also the appearance of the petitioner before the I.O - I am of the considered view that the investigation may not be prejudiced it the interim bail made absolute.

10. Accordingly, the interim bail granted vide order dated 08.08.2025 is hereby made absolute. Subject to the following conditions:

I) That the petitioner shall he shall not hamper and temper with the evidence;

II) That the petitioner shall not try to influence witnesses.

11. Violation or breach of condition(s) shall entail cancellation of the bail.

12. The petition stands disposed of accordingly.

JUDGE

Comparing Assistant