Page No.# 1/3 GAHC010158472025 2025:GAU-AS:13884 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1693/2025 ASHAFUL ISLAM SON OF SAHAR ALI VILL- RAWMARI, DIST. NAGAON, PIN NO. 782125. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM. Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.10.2025 Heard Ms. G. Borah, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarmah, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant Page No.# 2/3 of pre-arrest bail to the accused-applicant, namely, Ashaful Islam, who is apprehending arrest in connection with Jomunamukh P.S. Case No. 13/2025, registered under Sections 191(2)/191(3)/126(2)/118(2)/324(4)/109 of the BNS, 2023. 3. The facts of the case involved are that using an unregistered vehicle belonging to the accused-applicant, some miscreants had attacked the informant. 4. The learned counsel appearing for the accused-applicant submits that, vide an order dated 24.07.2025, this Hon’ble Court had already granted the accused-applicant an interim pre-arrest bail and the accused-applicant had already appeared before the Investigating Authority and the Investigating Authority had recorded his statement. The learned counsel further submits that in fact, the vehicle owned by the accused-applicant was given to other person on rent and the accused-applicant is totally unaware of how the miscreants used the concerned vehicle. She further submits that the accused- applicant is fully co-operating with the Investigating Authority and shall be doing so in future also. 5. Whereas, the learned Addl. P.P., on the basis of the Case Diary, submits that there are certain incriminating materials against the accused-applicant and the accused- applicant has been plying the concerned vehicle without having any nameplate on it. He further submits that the statement recorded by the accused-applicant, reveals that the accused-applicant, in fact, has given the said vehicle to some unknown persons without knowing their details. Therefore, he submits that this is not a fit case to grant pre-arrest bail to the accused-applicant and that the interim pre-arrest bail order passed, vide the order dated 24.07.2025 should be cancelled. 6. This Court has heard the submissions made by the learned counsels appearing for the respective parties and has also gone through the materials brought on record as well as the incriminating materials available in the Case Diary. 7. After considering the entire facts, this Court is of the opinion that since the Page No.# 3/3 accused-applicant has already appeared before the Investigating Officer and is co- operating with the Investigating Authority, there is no requirement of any custodial detention of the accused-applicant, at this stage. 8. In view of the aforesaid, the interim pre-arrest bail order passed, vide order dated 24.07.2025 is made absolute in the same terms and conditions. Accordingly, the instant pre-arrest bail is disposed of as allowed. JUDGE Comparing Assistant