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2025 DAILYLAW 14234 (GAU)

FARUK ALI AND ANR v. THE STATE OF ASSAM

AB/1355/2025 · 2025-07-20

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010128612025 2025:GAU-AS:9331 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1355/2025 FARUK ALI AND ANR S/O ABDUL MANNAN VILL- PURONI ALIMURP.O PANCHMILE P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN-784025 MOBILE NO. 9854470942 2: GAZIBUR RAHMAN SON OF MUNSUR ALI VILL- GARSINGA BIHIAGAON P.O. PANCHMILE P.S.TEZPUR DIST. SONITPUR ASSAM MOBILE NO. 938767108 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.07.2025 Heard Mr. P. Neog, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Helem P.S. Case No. 33/2025, under Section 303(2) of the BNS, 2023 (corresponding to Ghahigaon O.P. GDE No. 400, dated 24.04.2025). Case Diary has been received and I have perused the same. It is submitted by Mr. Neog, learned counsel for the petitioners, that after obtaining the order of interim pre-arrest bail, the petitioners have already appeared before the I.O. and their statements have already been recorded under Section 183 of BNSS. Both the petitioners are still ready and willing to co- operate the I.O. in further investigation of this case if they are granted with the privilege of pre-arrest bail. Ms. Das, learned Additional Public Prosecutor, submitted in this regard that both the petitioners have already appeared before the I.O. after obtaining the interim pre-arrest bail and their statements are already recorded and thus, they are co-operating in the investigation of the case. Page No.# 3/3 Considering the submissions made by the learned counsels for both sides and also considering the conduct of the accused petitioners, I am of the view that custodial interrogations of the accused/petitioners are not necessary in the interest of investigation and accordingly, the interim pre-arrest bail granted to the accused/petitioners vide order dated 16.06.2025 is hereby made absolute in 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