Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010156372025
2025:GAU-AS:10791
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1665/2025 SUSHMITA DAS D/O SRI BHABEN CHANDRA DAS R/O VILL - BARKHANJAN P.S. NALBARI, P.O. BARKHANJAN DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MS. P P DAS,MR. P P DUTTA,MS P SARMA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-08-2025
Heard Mr. T.J. Mahanta, the learned senior counsel assisted by Ms. P.P. Das, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3
2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Sushmita Das in connection with Dispur P.S. Case No. 581/2025 under Sections 103(1) of BNS, 2023 (G.R. No. 3485/2025). 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Mahanta, the learned senior counsel for the petitioner that the petitioner after obtaining the order of interim pre-arrest bail on 21.07.2025 she appeared before the I/O and her statement is also recorded. He further submitted that she is innocent and not at all involved in the alleged offence. However, she is still ready and willing to cooperate with the I/O in further investigation of the case, if she is granted the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the note of the I/O it reveals that the petitioner appeared before the I/O, after obtaining the order of pre-arrest bail and her statement is also recorded. But, this statement is not available in the Case Diary and the copy of the order of interim is also not available in the Case Diary. He further submitted that cause of death is still awaited. But, the witnesses have already been examined, especially the statement of the Landlord and neighbours were already recorded. 6.
Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and the statement of the witnesses recorded by the I/O. Considering the materials available in the Case Diary, I find that custodial interrogation of the present petitioner may not be required for the interest of
Page No.# 3/3 investigation. 7. In view of this, the order of interim pre-arrest bail dated 21.07.2025 is hereby made absolute under the same terms and conditions. 8. The I/O is hereby directed to record the statement of the present petitioner, if required for the purpose of investigation. 9. With the above observations, the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant