GUWAHATI, India, Aug. 5 -- Gauhati High Court issued the following order on July 10:
1. Heard Mr. D. Baruah, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned APP for the State and Mr. A.K. Gogoi, learned counsel appearing for the informant.
2. Apprehending arrest in connection with Jorhat P.S. Case No. 308/2025, under section 308(5) of the BNS, 2023, the petitioners have filed this application under Section 482 of the BNSS, 2023.
3. Let the scanned copy of the case diary be produced on 30.07.2025.
4. The prayer for interim bail is opposed by the learned APP and the learned counsel for the first informant.
5. In order to oppose the prayer for bail, the learned counsel for the informant has produced a photocopy of the bank account of the informant, namely, Mr. Rajesh Kumar Agarwalla at the HDFC Bank Ltd., Jorhat AT Road Branch and it is submitted that the petitioners has filed a manufactured statement of account and it does not tally with the entries made with the account of the applicant regarding transfer of money. It is also submitted that over a period of time, the petitioners have extorted money from the informant and at the relevant time, the informant could not retaliate or do anything because at that time, his daughter was engaged and her marriage was due and that the petitioners showed him some morphed photograph in the pendrive, for which he was terrified.
6. Having noted that there is a discrepancy in the case projected in the FIR dated 18.06.2025 with the contents of the notice dated 02.06.2025, which is annexed with this pre-arrest bail application as Annexure-5, the Court is inclined to grant interim pre-arrest bail to the petitioners by providing that in the event of their arrest, the petitioners, namely, (1) Sri Gajanand Munda @ Gajanand Mundra, and (2) Sri Nand Kishor Mundra in connection with the aforesaid case, they shall be released on interim bail on furnishing bail bond of Rs.30,000/- each with 2 (two) solvent sureties of like amount to the satisfaction of the arresting officer.
7. The interim pre-arrest bail is granted on the following conditions:
a) That the petitioners shall make themselves available to the police or any other investigating agency or the Court in the present case as and when required.
b) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
c) That the petitioners shall not obstruct the smooth progress of the investigation/trial. is annexed with this pre-arrest bail application as Annexure-5, the Court is inclined to grant interim pre-arrest bail to the petitioners by providing that in the event of their arrest, the petitioners, namely, (1) Sri Gajanand Munda @ Gajanand Mundra, and (2) Sri Nand Kishor Mundra in connection with the aforesaid case, they shall be released on interim bail on furnishing bail bond of Rs.30,000/- each with 2 (two) solvent sureties of like amount to the satisfaction of the arresting officer.
7. The interim pre-arrest bail is granted on the following conditions:
a) That the petitioners shall make themselves available to the police or any other investigating agency or the Court in the present case as and when required.
b) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
c) That the petitioners shall not obstruct the smooth progress of the investigation/trial.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9bCRpJt1j95%2Bd2v8QIBBby6opYIdil%2BuD67I1iU2%2B0K&caseno=AB/1535/2025&cCode=1&cino=GAHC010144422025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.