Page No.# 1/4 GAHC010100482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/544/2025 DHARITRI SARMA ALIAS DHANU S/O- LT. DHIRENDRA SHARMA, R/O- SUNAPUR PART 2 (GANGAPUR), P.S. BORKHOLA, DIST.- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR P H KONWAR, MR. S DEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 28.07.2025 Heard Mr. S. Dey, learned counsel for the applicant as well as Mr. P.S. Lakhar, learned APP for the State. 2. By filing this interlocutory application, the applicant has prayed for modification of the conditions contained in the order dated 25.01.2023, passed Page No.# 2/4 by this Court in BA 11/2023. Out of the five conditions on which bail was granted, modification has been sought in respect of conditions No. (c) and (d), which are quoted below: c. The petitioner shall not leave the jurisdiction of Kamrup (M) District without prior permission from the Investigating Officer. d. The petitioner shall physically appear before the Investigating Officer once every 15 (fifteen) days to enable the Investigating Officer to interrogate him till his personal appearance is dispensed with or charge-sheet is submitted, whichever is earlier. 3. The applicant had earlier prayed for modification of the said conditions, and by order dated 11.04.2023, passed by this Court in I.A. (Crl.) 280/2023, conditions No. (c) and (d) were modified as follows: c. It would be open to the I.O. to question the petitioner when he appears before him. d. The petitioner shall physically appear before the Investigating Officer once every 45 (forty five) days till his personal appearance is dispensed with or charge-sheet is submitted, whichever is earlier. 4. The case of the applicant is that he has complied with both the said conditions for more than two years, and as he is presently not being questioned by the Investigating Officer, he prays for modification of the condition of appearance. It is submitted that it has become difficult for the petitioner to travel from Sunapur Part 2 (Gangapur), under the jurisdiction of Borkhola Police Station in the district of Cachar, to appear before the Investigating Officer at Guwahati every 45 days. Page No.# 3/4 5. Pursuant to the order passed on 26.06.2025, the learned Additional Public Prosecutor (APP) has obtained instructions to the effect that the petitioner has been appearing before the Investigating Officer in terms of the conditions imposed by this Court, and the Investigating Officer has expressed that he has no objection if the petitioner undertakes to appear before him as and when required. 6. Taking into account the statement made by the petitioner that he has not been currently interrogated, the nature of instructions sent by the Investigating Officer to the learned APP is appreciated. 7. Accordingly, the condition nos. (c) and (d) of the order dated 25.01.2023 passed in BA 11/2023, as modified by order dated 11.04.2023 passed in I.A.(Crl.) 280/2023 is modified as under: c) the applicant shall not leave the jurisdiction of the State of Assam without prior permission from the I.O. and without providing details of his travel and place of stay. d) the applicant shall provide his contact number and email address to the Investigating Officer, and shall also furnish an undertaking before the I.O. to appear before him as and when a notice is received either through any messaging application on the mobile phone or by email. 8. This order shall be read together with order dated 25.01.2023 passed in BA 11/2023 and order dated 11.04.2023 passed in I.A.(Crl.) 280/2023. 9. The applicant shall produce a certified copy of this order before the Page No.# 4/4 I.O. of Crime Branch PS Case No. 3/2022 to bring this order to the notice of the said authority and to provide the particulars of his contact number and email address, which shall be done within a period of 10-15 days from the date of the order. 10. The I.O. is at liberty to apply for modification of this order in the event of any default by the applicant in complying with the conditions imposed upon him. 11. This interlocutory application stands disposed of. JUDGE Comparing Assistant