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2025 DAILYLAW 12942 (GAU)

DIBYAJYOTI SHARMA v. THE STATE OF ASSAM

I.A.(Crl.)/530/2025 · 2025-05-21

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010109972025 2025:GAU-AS:6499 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/530/2025 DIBYAJYOTI SHARMA S/O HAREN SHARMA R/O VILL-RANGPURIYA P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM ASSAM Advocate for the Petitioner : MR. N SARKAR, MR A BANERJEE,MR BHUBAN SHARMA Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1067/2025 SRI PANKAJ SARMA AND ANR SON OF LATE KHIRO SHARMA R/O VILL-RANGPURIYA P.S. LALUK DIST. LAKHIMPUR ASSAM 2: SRI DIBYAJYOTI SHARMA S/O HAREN SHARMA R/O VILL-RANGPURIYA P.S. LALUK Page No.# 2/3 DIST. LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N SARKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 22.05.2025 Heard Mr. N Sarkar, learned counsel for the applicant/petitioner No. 2 of AB No. 1067/2025 and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the applicant, namely, Sri Dibyajyoti Sharma, son of Haren Sharma, resident of village-Rangpuriya, Police Station-Laluk, District-Lakhimpur filed the connected pre-arrest bail application under Section 482 BNSS, 2023 praying for his pre-arrest bail in Laluk Police Station Case No. 82/2025 under Sections 296/126(2)/118(2)/351(3)/3(5) BNS, 2023, corresponding to G.R. No. 359/2025, who is the petitioner No. 2 of the connected AB No. 1067/2025 that was moved on 15.05.2025. 3. The Court by order dated 15.05.2025 called for the scanned copy of the case diary of said Laluk P.S. Case No. 82/2025, fixing the matter on 27.05.2025. 4. By filing this Interlocutory Application, it is submitted that the father of the applicant/petitioner No. 2 of the connected AB No. 1067/2025, namely, Harendra Nath Sharma, Son of late Troyodhar Sarma, resident of village- No. 1 Hatiamora, P.S.-Phulbari Bokanodi, Mouza- Nowboicha, P.S.-Laluk, District-Lakhimpur expired on 20.05.2025 in his own residence. 5. To that extent, the applicant has annexed a certificate dated 21.05.2025 issued by the Page No.# 3/3 Gaon Pradhan of village-Nowboicha, District-Lakhimpur. 6. Hence, this Interlocutory Application by the applicant/petitioner No. 2 of AB No. 1067/2025, seeking conditional pre-arrest bail for a limited period of time in said Laluk P.S. Case No. 82/2025, to which Mr. K K Parashar, learned APP, Assam has no objection. 7. Considering the above, in the interim, it is provide that in the event of arrest of the applicant/petitioner No. 2 of AB No. 1067/2025, namely, Sri Dibyajyoti Sharma, son of late Haren Sharma, he shall be released on interim pre-arrest bail in said Laluk P.S. Case No. 82/2025 up to 05.06.2025, on furnishing a bail bond of Rs.40,000/-, with 2 (two) suitable local sureties each of the like amount, to the satisfaction of the arresting authority on conditions that the applicant – (i) shall appear before the Investigating Officer of said Laluk P.S. Case No. 82/2025 during the office hours on or before 26.05.2025, and thereafter, as and when he is required for necessary investigation of said Laluk P.S. Case; (ii) shall not leave the territorial jurisdiction of the Laluk Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve himself in any criminal activities in future. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the interim pre-arrest bail granted to him in the aforementioned Laluk P.S. Case No. 82/2025 shall stand automatically vacated. 9. With the above observation and direction, this Interlocutory Application stands disposed off. JUDGE Comparing Assistant