Page No.# 1/3 GAHC010192012024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2457/2024 DR DIGANTA BARUAH S/O- ANIL BARUAH, R/O- VILLAGE- SOLLENGI, RAJABARI, P.S- GOHPUR, P.O- ALLENGI SATRA, DIST-BISWANATH, PIN-784168, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. RAMKRISHNA SARMA, MR. P DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.01.2025 Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. P. Dutta, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. Apprehending arrest in connection with Algapur P.S. Case No. 71/2024, under Sections 448/427/323/384/506/34 of the I.P.C., this application under Section 482 of the B.N.S.S., is preferred by applicant namely, Dr. Diganta Baruah for grant of pre-arrest bail. Page No.# 2/3 3. It is to be note here that the said case has been registered on the basis of one F.I.R. lodged by one Sufia Begum, on 13.07.2024. The essence of allegation against the applicant is that on 07.05.2024, at about 11:00 p.m., he accompanied by other police personnel entered into the house of the informant in connection with Halflong P.S. Case No. 40/2024 and taken away some of the documents including the Bank Passbook, Aadhar Card, Pan Card, Voter ID Card, vehicle license etc. by breaking three almiras and also outraged the modesty of sister-in-law of the informant and forcefully took away Sharif Uddin Mazumder to a remote area and also took possession of his mobile phone, which was connected to his bank account and also demanded a sum of Rs. 2,00,000/- and a sum of Rs. 1,06,001/- was withdrawn from his bank account on 11.05.2024. 4. Mr. Choudhury, learned Senior Counsel appearing for the applicant submits that this court was pleased to grant interim protection to the applicant, vide order dated 17.09.2024 and pursuant to the said order, the applicant had appeared before the I.O. and cooperating with the investigating agency and his statement has also been record. Mr. Choudhury further submits that as per his instructions the informant has filed one affidavit before the I.O. that she wants to withdraw the case. Therefore, Mr. Choudhury has contended to make the interim order dated 17.09.2024, absolute in the same terms and conditions. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor by producing the case diary before this court, submits that the applicant had appeared before the I.O. and his statement has also been recorded. Mr. Sarma further submits that the affidavit filed by the informant to withdraw the case is available in the case diary. Mr. Sarma also submits that the I.O. had also examined some of the witnesses. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record Page No.# 3/3 and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. It appears that the applicant has been cooperating with the investigating agency and the case has substantially been progressed and the applicant had filed one affidavit before the I.O. to withdraw the case. 8. Taking note of the above facts and circumstances, this court is inclined to make the interim order dated 17.09.2024, absolute in the same terms and conditions. 9. However, Mr. Choudhury, learned Senior counsel appearing for the applicant submits that the applicant is a police officer and presently serving at Morigaon district and as such, it would not be possible on his part to take permission of the court, on each and every occasions, to move out of the jurisdiction of the said court in discharging of his official duty and therefore, it is contended to relax the said condition. 10. Taking note of the submissions of Mr. Choudhury and also considering the facts and circumstances on the record compliance of the fourth condition of the interim order stands dispensed with. 11. In terms of above this AB stands disposed of. 12. The case diary be returned. JUDGE Comparing Assistant