Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010080272025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/902/2025 NABA DEKA ASSISTANT ENFORCEMENT INSPECTOR S/O SRI PRABIN DEKAA R/O BALAKUCHI,SANDHA NALBARI, ASSAM P.O. AND P.S. BALAKUCHI PIN-781308 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN, MR. A CHAUDHURY,MR G BARGAYARY,Z HAQUE,MR P P MEDHI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.05.2025
1. Heard Mr. P. P. Medhi, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/3
2. The learned counsel for the petitioner has submitted that in the instant case, the petitioner was granted interim anticipatory bail by order dated 11.04.2025 by a Coordinate Bench of this Court. 3. He further submits that in pursuant to the directions of this Court, he, on 17.08.2025, appeared before the Investigating Officer of Basistha Police Station Case No. 196/2025. However, on that day, the Investigating Officer himself lodged another case of similar nature against the petitioner. It was registered as Basistha Police Station Case No. 224/2025. 4. The learned counsel for the petitioner further submits that the petitioner was granted bail in the second case also. However, when he was released, he was again apprehended in a third case of similar nature by the police, which was registered as Basistha Police Station Case No.230/2025, and presently, the petitioner has been detained behind the bars in connection with the said case. 5. The learned counsel for the petitioner has submitted that as the petitioner has complied with the directions of this Court and has appeared before the Investigating Officer, the interim anticipatory bail granted to him by this Court on 11.04.2025 may be made absolute. 6. He also submits that the petitioner is ready to cooperate in the investigation. 7. On the other hand, Ms. S. H. Bora, the learned Additional Public Prosecutor has produced the case diary of Basistha Police Station Case No. 196/2025 and has submitted that the petitioner has appeared before the Investigating Officer and his statement under Section 181 of BNS has also been recorded. Page No.# 3/3
8. She also submits that there are sufficient incriminating materials against the petitioner in this case. 9.
I have considered the submissions made by learned counsel for both the sides and have gone through the case diary of Basistha Police Station Case No. 196/2025. 10. Though, there are sufficient materials against the petitioner in the case diary, however, as the petitioner has appeared before the Investigating Officer in connection with the instant case, i.e., Basistha Police Station Case No. 196/2025 and has cooperated in the investigation, his custodial detention in the instant case may not be necessary. 11. For above aforesaid reasons, the interim anticipatory bail granted to the petitioner, namely, Naba Deka by order dated 11.04.2025 by this Court, is hereby made absolute with Condition Nos. 2 and 3 attached to the said order remaining intact. 12. Send back the case diary. 13. With the above observation, this anticipatory bail application is disposed of. JUDGE Comparing Assistant