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2025 DAILYLAW 16705 (GAU)

DIPOK KUIMAR NEOG v. THE STATE OF ASSAM AND 2 ORS.

AB/1778/2025 · 2025-08-27

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010177152025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1778/2025 DIPOK KUIMAR NEOG SON OF LATE MOHEN CHANDRA NEOG RESIDENT OF HOUSE NO. 500 SATSANG BIHAR ROAD JYOTI NAGAR JALAN NAGAR DIST. DIBRUGARH ASSAM-786001. VERSUS THE STATE OF ASSAM AND 2 ORS. THROUGH THE PP ASSAM 2:MS. X (VICTIM) D/O SRI MONUJ GOHAIN @ MONUJ GOSAIN RESIDENT OF 01 NO. KACHAMARI GAON P.S. MORAN DIST. DIBRUGARH ASSAM-786613. 3:SRI BIJOY KHARIA (INFORMANT) SON OF LATE NANDU KHARIA RESIDENT OF VILL- NO. 2 KACHAMARI P.O. AND P.S. MORAN DIST. DIBRUGARH ASSAM PIN-786613. ------------ Advocate for : MR. S SARMA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 2 ORS. 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, the petitioner has 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 the petitioner has appeared before the Investigating Officer and his statement has also been recorded. However, he submits that there are incriminating materials in the case diary to indicate his complicity in the offence of falsification of records alleged in the FIR as well as offence alleged under Section 80 of the Juvenile Justice (Care and Protection of Children) Act. 4. I have considered the submissions made by the learned counsel for both sides and have perused the case diary of Moran P.S. Case No. 75/2025. 5. It appears that the petitioner has complied with the directions of this Court and has co-operated in the investigation and his statement under Section 180 of BNSS has also been recorded by the Investigating Officer. 6. It also appears that there is no indication in the case diary that there is Page No.# 3/3 any resistant on the part of the petitioner in co-operating with the investigation. Hence, 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 the aforesaid case. 7. In view of the above, 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. 8. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant