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2025 DAILYLAW 10239 (GAU)

DINDAYAL KANOI v. THE STATE OF ASSAM

AB/777/2025 · 2025-07-29

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010070272025 2025:GAU-AS:9762 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/777/2025 DINDAYAL KANOI S/O LATE SOHAN LAL KANOI, RESIDENT OF VILLAGE MADHABDEVPUR, PS PALTAN BAZAR, DIST. KAMRUP M ASSAM 781008 VERSUS THE STATE OF ASSAM REP BY LSC CUM SPP, ASSAM, EXCISE DEPT Advocate for the Petitioner : MS G SWAMI, Advocate for the Respondent : SC, EXCISE DEPTT., BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 30.07.2025 Heard Ms. G. Swami, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Standing Counsel for the Excise Department. Page No.# 2/2 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Case No. MRZ/EX-74/2025, dated 24.02.2025, under Section 53(1)(a) of the Assam Excise (Amendment) Act, 2018. It is submitted that the I/O has visited the residence of the petitioner on three occasions but could not properly record his statement. The petitioner is suffering from old age ailments. Mr. I. Borthakur, learned Standing Counsel for the respondents fairly submits that the petitioner, keeping in view of his health condition, may be granted pre-arrest bail. Accordingly, considering the same as well as the nature of allegation, the prayer for pre-arrest bail is allowed. The interim order dated 04.04.2025 is hereby made absolute in the same terms and conditions. This disposes off the anticipatory bail application. JUDGE Comparing Assistant