SRI HARI NARAYAN DUTTA v. THE STATE OF ASSAM AND 2 ORS.
AB/1916/2025 · 2025-08-27
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17423 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17423 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010177152025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1916/2025 SRI HARI NARAYAN DUTTA SON OF SRI DHARMESWAR DUTTA RESIDENT OF JYOTINAGAR, NEAR NAMGHAR, JALAN NAGAR, DIBRUGARH, ASSAM- 786005. VERSUS THE STATE OF ASSAM AND 2 ORS.
REP BY THE PP, ASSAM 2:MS X (VICTIM) D/O SRI MONUJ GOHAIN @ MONUJ GOHAIN RESIDENT OF 01 NO. KACHAMARI GAON P.S. MORAN DIST. DIBRUGARH ASSAM PIN-786613.
3:SRI BIJOY KHARIA (INFORMANT) S/O LATE NANDU KHARIA RESIDENT OF 01 NO. KACHAMARI GAON P.S. MORAN DIST. DIBRUGARH ASSAM PIN-786613 Advocate for the Petitioner : MR. S SARMA, A GAUTAM,MR. C TALUKDAR,ARUNABH SARMA 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 08.08.2025 and in pursuant to the directions of this Court, he has appeared before the Investigating Officer on 12.08.2025 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 under Section 180 of BNSS has also been recorded. However, the learned Additional Public Prosecutor submits that there are incriminating materials in the case diary indicating to his complicity regarding the falsification of documents in connection with the offence alleged in this case.
4. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Moran P.S. Case No. 75/2025.
5. It appears that on perusal of the case diary that the petitioner has appeared before the Investigating Officer and has co-operated in the investigation and thereby complied with the order of this Court.
6. Though, there are some incriminating materials against the petitioner in the case diary, this Court is of considered opinion that if the petitioner
Page No.# 3/3 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.
7. In view of the above, the interim bail granted to the petitioner by order dated 08.08.2025 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