Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010165792025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1783/2025 SRI RASHID PARVEZ S/O- HAFIZUR RAHMAN.
R/O- NAMGHAR ROAD, NEXT BYLANE TO PETROL PUMP, SEUJPUR, DIBRUGARH WEST, P.O.- DIBRUGARH, DIST.- DIBRUGARH, ASSAM, PIN-
786001. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP ASSAM 2:MS. X (VICTIM) D/O- SRI MONUJ GOHAIN @ MONUJ GOSAIN.
R/O- 01 NO. KACHAMARI GAON P.S.- MORAN DIST.- DIBRUGARH ASSAM PIN -786613.
3:SRI BIJOY KHARIA (INFORMANT) S/O- LATE NANDU KHARIA.
R/O- 01 NO. KACHAMARI GAON P.S.- MORAN DIST.- DIBRUGARH ASSAM PIN-786613 Advocate for the Petitioner : MR. S SARMA, MR. K KALITA,A. GAUTOM,ARUNABH SARMA,MR. C TALUKDAR,MR. S K DEKA,MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 28.08.2025
1. Heard Mr. S. Sarma, learned senior counsel assisted by Mr. A. Gautam,
learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. The learned senior counsel for the petitioner has submitted that the petitioner was granted interim bail by this Court on 28.07.2025 and in pursuant to the directions of this Court, he had appeared before the Investigating Officer on 01.08.2025 and has co-operated in the investigation.
3. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Moran P.S. Case No. 75/2025 and has submitted that though the petitioner has appeared before the Investigating Officer and his statement under Section 180 of BNSS has also been recorded, however, there are incriminating materials found during the investigation which indicates to his complicity with other accused persons in commission of the offence alleged in the FIR. He submits that there are sufficient materials on record indicating that the documents were falsified and additional money was taken from the victim for conducting delivery of the victim.
4. The learned Additional Public Prosecutor has also submitted that custodial interrogation of the present petitioner is required as there is indication that in similar other cases the falsification of documents and demanding of additional money for conducting delivery have been reported.
5. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary which was produced by the
Page No.# 3/3 learned Additional Public Prosecutor.
6. It appears that in pursuant to the directions of this Court, the petitioner has appeared before the Investigating Officer and has co-operated in the investigation. Though, there are materials indicating to the complicity of the petitioner in commission of the alleged offence, however, there is no material on record to suggest that he is not co-operating in investigation.
7. Under such circumstances, this Court is of the considered opinion that if the petitioner continues to co-operate in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Moran P.S. Case No. 75/2025.
8. For the aforesaid reasons, the interim bail granted to the petitioner by
order dated 28.07.2025 is hereby made absolute with condition Nos. 1 and 2 attached to the said order remaining intact.
9. This anticipatory bail application is accordingly disposed of.
10. Send back the case diary.
JUDGE Comparing Assistant