Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010197602024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2566/2024 ISOB ALI S/O- BABUL ALI, R/O- HECHAMORA, TENGAKHAT, P.O- GOROIMARI, P.S- BOGINODI, DIST - LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : PRANJAL SINGHA RAJA, MR A B DUTTA,MR B BORA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025
Heard Mr. B. Bora, learned counsel for the applicant Isob Ali. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, for the state respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by applicant, namely, Isob Ali, who has been
Page No.# 2/3 apprehending arrest in connection with Ghilamora P.S. Case No.28/2024, under Section 331(4)/305(a) of BNS, 2023, for grant of pre-arrest bail. 3. It is to be noted here that, the above noted case has been registered on the basis of an FIR lodged by one Dipak Ghosh, on 02.08.2024. The essence of allegation, in the FIR dated 02.08.2024 is that the informant found that some unknown culprits stolen two bulls from his cow shed and later on, he also came to know that two bulls belonging to one Sri Bhadrakanta Doley, and another two bulls belonging to Sri Upa Doley were stolen by unknown culprits and later on, he came to know that police intercepted one vehicle, bearing registration No. AS-07-BC-8120, and recovered six numbers of bulls and kept at the Chauldhowa, Police Outpost. 4. The learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail by this Court, vide order dated 26.09.2024, and in view of that order, the applicant had appeared before the I.O. and his statement has been recorded and that the applicant is the owner of the vehicle and he has handed over the vehicle to one Md. Noibur Ali and Mornir Ali and without his knowledge they have transported the stolen bulls in the vehicle and that he is ready to co-operate with the investigating agency and therefore, it is contended to make the interim order dated 26.09.2024 absolute in the same terms and conditions. 5. On the other hand, Mr.
B. Sarma, learned Additional Public Prosecutor submits that as per scanned copy of the case diary reviewed from the learned trial Court, it appears that the I.O. has collected some material in support of the involvement of the applicant with the offence alleged. However, Mr. Sarma, learned Additional Public Prosecutor submits that the applicant had appeared before the I.O. and co-operating with the investigating agency. Page No.# 3/3
6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and perused the scanned copy of the case diary received from the learned trial Court. 7. It appears that the applicant has been co-operating with the investigating agency and he had appeared before the I.O. pursuant to the order of this Court dated, 26.09.2024, and further it appears that the I.O. has achieved substantial progress in the investigation of the case and in that view of the matter, the custodial integration of the applicant seems to be not warranted here in this case, and therefore, the interim order dated 26.09.2024, is hereby made absolute in the same terms and conditions. 8. In terms of above, this anticipatory bail application stands disposed of. 9. Case diary be returned. JUDGE
Comparing Assistant