Accused-applicant's failure to pay debts does not alone constitute criminal intent; allegations relate primarily to a civil dispute, not a criminal offence.

JUDGMENT :

Anjan Moni Kalita, J.

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 Section 483 of BNSS, 2023, praying for granting bail to the accused-applicant in connection with Teok Police Station Case No. 146/2025, registered under Sections316(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 & 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/-; that although the accused-applicant had already received an amount of Rs. 7,00,00,000/- from 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 .

4. On receipt of the FIR, the Police registered Teok P.S. Case No. 146/2025, under the aforementioned Sections against the accused-applicant.

5. It is seen that the accused-applicant was arrested on 30.12.2025, by the Investigating Agency in connection with the instant case and produced before the learned court below with a prayer for 5 days police custody and the learned court below was pleased to allow police custody of the accused-applicant for 4 days. On completion of the aforesaid police custody period, the accused-applicant was produced before the learned court below on 02.01.2026 and he was remanded to judicial custody and since then, he is behind the bars till date.

6. It is seen that the bail prayers of the accused-applicant were rejected by the learned court below on 30.12.2025 and 02.01.2026 respectively.

7. Mr. B. K. Mahajan, learned counsel for the accused-applicant submits that the accused-applicant is a respectable businessman and the Proprietor-cum-Director of Sadguru Engineers & Allied Services Private Limited, having no criminal antecedents. He submits that a bare perusal of the allegations that have been narrated in the FIR and Forwarding Report, it is seen that non-bailable offences under Section 316(5)/318(4) of BNS, 2023 have been attributed against the accused-applicant and Section 351(3) of BNS, 2023, which has been attributed against him is a bailable offence.

8. The learned counsel for the accused-applicant submits that it is clear that the dispute between the Informant and the accused-applicant arises out of commercial/contractual transaction, whereby the Informant has alleged non-payment of dues after supply ofgoods and materials, which has been tried to be give