MUKESH JALAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. K. Mahajan, learned counsel appearing on behalf of the accused applicant. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State and Mr. J. Sehgal, learned counsel appearing for the Informant.

(2.) This is an application filed under Sec. 483 of BNSS, 2023, praying for granting bail to the accused-applicant in connection with Teok Police Station Case No. 146/2025, registered under Ss. 316 (5)/318(4)/351(3)/3(5) of the BNS, 2023.

(3.) An FIR was lodged on 15/12/2025, before the Officer In-charge of Teok Police Station, alleging, inter alia, that the accused-applicant, namely, Shri Mukesh Jalan, Proprietor-cum-Director of Sadguru Engineers and Allied Services Private Limited, being the main Contractor of the 4-Lane Highway Project from Jorhat to Jhanji under NHIDCL, dishonestly induced the Informant to supply River Sand, Sandy Soil and Sand for the aforesaid project; that relying on the assurance of payments, the Informant supplied materials continuously for about 8 months, by which the construction work was completed; that despite submission of bills, the accused-applicant intentionally failed to make the due payments, leaving an outstanding amount of Rs.4,36,00,000.00; that although the accused-applicant had already received an amount of Rs.7,00,00,000.00from NHIDCL for the said work, he had misappropriated the amount and did not clear the Informant's dues; that meetings were held before the Addl. District Commissioner, Jorhat, where the accused-applicant undertook to pay but, deliberately defaulted; that when the Informant demanded payment, the accused-applicant along with some persons, namely, Sri Manah Borah, Sri Animesh Sarmah Barauh and two other unidentified persons, criminally intimidated the Informant by engaging goons and threatening to kill him, causing fear, mental agony and harassment to the Informant .