Nikhil Sharma vs. The State Of Assam

Held

The Court considered the submissions of both parties and perused the case diary. While acknowledging the petitioner's argument regarding the duration of his detention and the applicability of statutory detention periods, the Court found that there were sufficient incriminating materials against the petitioner and the investigation was not yet complete. Consequently, the Court was not inclined to grant bail at this stage. The application for regular bail was therefore rejected. The Court did not expressly leave any issues undecided.

Facts

The petitioner, Nikhil Sharma, is seeking regular bail in connection with Boko P.S. Case No. 143/2026. An FIR was lodged on June 1, 2026, by Janardhan Deka, who alleged that the petitioner, posing as a Chartered Accountant, induced him to pay approximately Rs. 2,44,12,247/- for depositing with tax and other statutory departments, including GST. The informant discovered he had been defrauded when he received a notice from the GST authority on January 20, 2026, indicating zero cash tax payment despite substantial turnover. The petitioner has been in jail for 47 days. The State opposed the bail application, citing sufficient incriminating materials and ongoing investigation.

Key Issues

1. Whether the petitioner is entitled to regular bail under Section 483 of the BNSS, 2023, considering he has been in custody for 47 days and the alleged offences under Sections 316(4)/318(4)/336(2)/338/340(2) of the BNS are not attracting statutory detention beyond this period? Petitioner's Argument: The petitioner's counsel argued that further custodial detention is unnecessary given the 47 days already spent in jail. They contended that the statutory detention period for Section 338 of the BNS is not applicable to the offences alleged in the FIR and that the petitioner will cooperate with the investigation. Revenue/State's Argument: The learned APP argued that there are sufficient incriminating materials against the petitioner and the investigation is still incomplete.