Page No.# 1/4 GAHC010185502024 2025:GAU-AS:2397 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2446/2024 PARESH TALUKDAR AND 5 ORS. S/O PRABIN TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI, ASSAM 2: JAYANTA TALUKDAR S/O MANJU TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM 3: SANEK TALUKDAR S/O HARICHARAN TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM 4: PRABIN TALUKDAR S/O RAJU TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM 5: RINKU TALUKDAR S/O JAGGYA TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM Page No.# 2/4 6: PULOK HALOI S/O HAREN HALOI VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. R GOSWAMI, MS S DAS,MS N DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.03.2025 Heard Mr. R Goswami, learned counsel for the petitioners and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending their arrest, the petitioners, namely, (i) Paresh Talukdar, son of Prabin Talukdar, (ii) Jayanta Talukdar, son of Manju Talukdar, (iii) Sanek Talukdar, son of Haricharan Talukdar, (iv) Prabin Talukdar, son of Raju Talukdar, (v) Rinku Talukdar, son of Jaggya Talukdar and (vi) Pulok Haloi, son of Haren Haloi, all residents of village-Damdama Pathar, Police Station-Mukalmua, District-Nalbari have filed this application on 06.09.2024 under section 482 BNSS, 2023, seeking their pre arrest bail in Mukalmua Police Station Case No. 243/2024 under Sections 318(4)/303(2)/351(2)/ 3(5) of BNS, 2023, corresponding to G.R. No. 793/2024. 3. The Court by order dated 16.09.2024 granted interim bail to the petitioners, pursuant to which they appeared before the concerned Investigating Officer of the case Page No.# 3/4 and their statements have been recorded. 4. Perused the case diary placed before the Court today by Mr. B Sharma, learned APP, Assam. 5. Case diary indicates that the petitioner No. 1 got a proposal from the complainant, but one Bilal Master stated that he will take the petitioner No. 1’s land for an Educational Institute and for that when he went to the house of said Bilal Master the complainant along with other people forcefully obtained his signature pertaining to selling of his land and was locked in the house of said Bilal Master by the complainant and his other colleagues. In that backdrop, the other petitioners went to the house of said Bilal Master to recover him who was held captive in the said house. 6. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioners, namely, (i) Paresh Talukdar, (ii) Jayanta Talukdar, (iii) Sanek Talukdar, (iv) Prabin Talukdar, (v) Rinku Talukdar and (vi) Pulok Haloi, are not warranted for investigation of said Mukalmua Police Station Case No. 243/2024. 7. As such, this pre-arrest bail application of the petitioners in said Mukalmua P.S. Case No. 243/2024 is accepted. 8. Accordingly, the interim bail granted to the petitioners on 16.09.2024 in said Mukalmua P.S. Case No. 243/2024 is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 16.09.2024 and also on compliance of the conditions that the petitioners - i) shall not leave the territorial jurisdiction of the Mukalmua police station, without obtaining prior written permission from the concerned Investigating Officer of the case; ii) shall not hamper with the investigation, or tamper with the evidence of the case and; iii) shall not involve themselves in any criminal activities in future. 9. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 16.09.2024, noted above, by any of the petitioners; the pre-arrest bail granted to them in said Mukalmua P.S. Case No. 243/2024 Page No.# 4/4 shall stand automatically vacated. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant