Gauhati High Court
Bail Appln./629/2026 of SANTOSH KUMAR PRASAD Vs THE STATE OF ASSAM on 23 March 2026
GAHC010045022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./629/2026 SANTOSH KUMAR PRASAD S/OLT. MURULI MANOHAR PRASAD, R/O KACHARI GAON, P.S. KHERONI DIST. WEST KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE
GAHC010045022026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./629/2026
SANTOSH KUMAR PRASAD
S/OLT. MURULI MANOHAR PRASAD,
R/O KACHARI GAON,
P.S. KHERONI
DIST. WEST KARBI ANGLONG, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 24.03.2026 Heard Mr. Mintu Saikia, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State of Assam.
2. The learned Addl. P.P has submitted that the I.O has prayed for some more time for production of the Case Diary.
3. This is a bail application praying for bail in connection with Basistha P.S. Case No. 64/2026 under Sections 319 (2), 305 (a) of BNS Act, 2023.
4. The allegations in the FIR is that the informant had been cheated by asking her to put gold ornaments into a puja and therefore the person who had conducted puja had gone away with the gold ornaments.
5. The learned counsel for the petitioner has submitted that the person who had performed the Puja has been allowed bail by the Court of Chief Judicial Magistrate , Kamrup (M), Guwahati.
6. The learned counsel for the petitioner has further submitted that the ornaments were recovered from some commercial establishments and he was not involved in the cheating process.
7. The Case Diary had been called for on 09.03.2023 and is not yet available. A perusal of the orders of the learned CJM reflects that the case diary had not been produced even before the learned CJM on 18.03.2023. The gold ornaments which were allegedly taken away from the informant had been already recovered. The petitioner was arrested on 20.03.2026.
8. Keeping in view the fact that the prime accused has been released on bail, the length of detention suffered by the petitioner and the fact that the alleged cheated items had been recovered, this Court is of the opinion that the petitioner can be granted the privilege of bail.
9. Accordingly, the accused is hereby directed to be released on bail on furnishing a bond Rs. 20,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court on the following conditions:
(i) The petitioner shall not leave the territorial jurisdiction of the learned Trial Court, without prior written permission;
(ii) The petitioner shall not hamper and tamper with the evidence of the case;
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to the victim, family of victim, witnesses or 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.
(v) The petitioner shall appear before the learned Special Judge, as and when directed to do so;
(vi) the learned Trial Court, shall be at liberty to impose such other conditions or conditions as may be deemed necessary to ensure the participation of the petitioner in the trial.
(viii) He shall not interact with any of the witnesses in any manner whatsoever.
(ix) The prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail.
10. Bail application stands disposed of. JUDGE Comparing Assistant