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2025 DAILYLAW 17419 (GAU)

NIBIR KUMAR KHOUND v. THE STATE OF ASSAM

AB/2284/2024 · 2025-01-21

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010177062024 2025:GAU-AS:685 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2284/2024 NIBIR KUMAR KHOUND S/O LT. PRAFULLA CH. KHOUND R/O VILL- SARAIBANDHA CHUKILIAT, J.B. ROAD, UNDER JORHAT POLICE STATION, IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D TALUKDAR, MS P SAIKIA,MS B GOSWAMI,MR P CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22.01.2025 Heard Mr. D. Talukdar, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dispur P.S. Case No. 813/2024, under Sections 329(2)/117(2)/305(a)/109(1)/ 3(5)/351(2) of the BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Talukdar, learned counsel for the petitioner, that there was only a dispute between the 2 (two) friends regarding the share of rent of a rented premises and no other incident took place as alleged in the F.I.R. Further he submitted that after obtaining the order of interim pre-arrest bail, the petitioner has already appeared before the I.O. and his statement is also recorded by the I.O. concerned. He is still ready and willing to co-operate the I.O. in further investigation of the case if he granted with the privilege of pre-arrest bail. Mr. Das, learned Additional Public Prosecutor, submitted in this regard that the accused/petitioner has already appeared before the I.O. and co-operated in the investigation of this case. Considering the submissions made by the learned counsels for both sides and the conduct of the accused/petitioner, viz-a-viz the materials available in the Case Diary, I find that custodial interrogation of the present accused/petitioner may not be required for the purpose of investigation and hence, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail, granted to the accused/petitioner, vide Page No.# 3/3 order dated 31.08.2024, is hereby made absolute in the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant