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2025 DAILYLAW 16633 (GAU)

SRI TULAN DUTTA v. THE STATE OF ASSAM

AB/1769/2025 · 2025-08-31

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010165232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1769/2025 SRI TULAN DUTTA SON OF LATE SUNA RAM DUTTA R/O- VILL- PADUMONI KHAT, P.O- BAHADUR CHUK, P.S- NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM PIN- 787001 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. B GOGOI, MS. D DEVI,MR. K R PATGIRI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01.09.2025 1. Heard learned Counsel Mr. K.R. Patgiri for the petitioner, Tulan Dutta who has filed this bail application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with North Lakhimpur PS Case No. 23/2025 under Section 126(2)/118(2)/109/3(5) of the BNS,2023. Page No.# 2/3 2. It may be mentioned herein that vide order dated 18.02.2025 the petitioner was granted interim bail granted. However, vide order dated 28.05.2025, his interim bail was vacated. 3. Learned Addl.Public Prosecutor Mr.P.S.Lahkar is present for the State respondent and has submitted that there are incriminating materials in the Case Diary. 4. The petitioner has filed this subsequent bail application on the ground that investigation has progressed substantially and also on the ground that the co- accused have been enlarged on bail. 4. I have scrutinized the Case Diary. There are indeed incriminating materials in the Case dairy. The allegation against the petitioner is that he assaulted the victim causing grave injury on his face. I have also considered that investigation has progressed substantially and the petitioner is not a flight risk. Petitioner is willing to co-operate with remaining part of the investigation. 5. It appears that pre-arrest bail may be granted to the petitioner. 6. Considering all aspects, prayer for pre-arrest bail is allowed. 7. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) The petitioner shall appear before the I.O. within one week and shall co-operate with the investigation, ii) The petitioner shall refrain from such activities of Page No.# 3/3 which he is alleged, iii) The petitioner shall not exercise threats to the witness or try to influence them. 8. On breach of any of the above conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 9. In terms of the above observations, the pre-arrest bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant