Page No.# 1/3 GAHC010200522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2369/2025 JONAB ALI SK S/O- KOBAD ALI SK. VILL.- PUB KANURI, PT-I, P.S.- GOLAKGANJ, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. M MONDAL, MR M CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 23/10/2025 Heard Mr. M Mondal, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023, has been instituted praying for grant of pre-arrest bail to the petitioner, Jonab Ali Sk., in connection with PRC Case No. 457/2025 arising out of Golakganj P.S. Case No. 48/2025 registered under Sections 61(2)/117(4)/109/3(5) of BNS along with added Section 103(2) of BNS. 3. The materials brought on record reveal that police on completion of investigation has submitted a charge-sheet in the matter and the petitioner, herein, has been included therein as Accused No. 9. However, the petitioner is shown to be an absconder. 4. A perusal of the FIR would reveal that the petitioner is not a named accused therein. However, the materials coming on record during the investigation lead to the implication of the petitioner as an accused in the matter and he was sent up for trial. However, he was shown as an absconder. 5. The learned counsel for the petitioner submits that the persons, who have been named as accused in the FIR, have already been enlarged on bail. He further submits that the charge-sheet having been filed, further custodial interrogation of the petitioner, herein, would not be mandated and he also undertakes that the petitioner shall appear before the learned Trial Court as and when called for. 6. Mr. K K Parashar, learned Additional Public Prosecutor, Assam submits that the role played by the petitioner, herein, not being discernable, the scanned copy of the Trial Court record be called for and perused by this Court before enlarging the petitioner on bail. 7. I have heard the learned counsel for the parties and perused the materials available on record. 8. A perusal of the charge-sheet brought on record reveals that although the petitioner, herein, has been named as an accused therein, it is not clear as to the overt act attributed to him in the matter. 9. In view of the above position, this Court is of the considered view that the further custodial interrogation of the petitioner, herein, may not be called for. Accordingly, the petitioner, named above, is entitled to be enlarged on pre-arrest bail. Page No.# 3/3 10. Accordingly, in the event of arrest of the petitioner, Jonab Ali Sk., in connection with PRC Case No. 457/2025 arising out of Golakganj P.S. Case No. 48/2025, he shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with 2 (two) local sureties each of the like amount to the satisfaction of the arresting authorities, subject to the conditions that :- (i) The petitioner, herein, shall appear before the Trial Court on or before 03.11.2025 and shall thereafter appear before the Trial Court on all the dates so fixed; (ii) The petitioner, herein, shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case so as to dissuade him from disclosing the facts to the Investigating Officer/Court; (iii) The petitioner, herein, shall not leave the jurisdiction of the learned Trial Court, without prior permission. 11. With the above observations and direction, the present anticipatory bail application stands disposed of. JUDGE Comparing Assistant