Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010084282025
2025:GAU-AS:6052
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/934/2025 MAJAR ALI S/O- ARAJ ALI, VILL NC BANDIA, PO- MANGOLDOI, DIST- DARRANG, ASSAM, PIN-784125 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MS R DEKA Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 15.05.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. S. S. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of BNSS, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Mangaldoi P. S. Case No. 16/2025, registered under Sections 61(2)(b)/121(1)(2)/132 of the BNS. The Case Diary has been received and I have perused the same. It is submitted by the learned Senior Counsel, Mr. Choudhury, that the present petitioner is the Gaon Bura of the village and that, on the day of the incident, he was merely trying to identify the persons gathered in front of his house. He further submitted that after obtaining interim pre-arrest bail, the accused/petitioner appeared before the I.O. and recorded his statement under Section 183 of the BNSS. He is also ready and willing to cooperate with the I.O. in the further investigation of this case, if the interim pre-arrest bail order is made absolute. Mr. Borthakur, the learned Additional Public Prosecutor, has submitted that the earlier bail application of the accused/petitioner was rejected by this Court, considering the statements made by witnesses as well as co-accused persons. However, after obtaining interim pre-arrest bail, the accused/petitioner cooperated with the I.O. and recorded his statement under Section 183 of the BNSS. In this regard, the I.O. also placed a note after recording the statement of the
Page No.# 3/3 accused/petitioner. Nevertheless, he submits that there are sufficient materials against the accused/petitioner indicating his involvement in the alleged offence. After hearing the submissions of learned counsel for both sides and considering the materials available in the Case Diary, as well as the conduct of the accused/petitioner, I find it appropriate to allow the prayer made by the accused/petitioner.
Accordingly, the interim pre-arrest bail granted to the accused/petitioner vide order dated 25.04.2025 is hereby made absolute, on the same terms and conditions In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant