Page No.# 1/3 GAHC010209692025 2025:GAU-AS:13826 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2304/2025 SULTAN MAMUD S/O MONJIL SHEIKH R/O VILL- CHAMUAKHAT P.S. DHULA DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S H RAHMAN, MR. M S MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.10.2025 Heard Mr. S. H. Rahman, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State respondent. Page No.# 2/3 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant, namely, Sultan Mahmud, in connection with Udalguri P.S. Case No. 90/2025, registered under Sections 303(2)/317(2) of the BNS, 2023. 3. The facts that have been narrated in the FIR are that one Mathias Tudu of village No. 1 Chandana under Udalguri Police Station has filed an FIR dated 19.08.2025, alleging that on 18.08.2025, while he was sleeping, some unknown persons have stolen his domestic cattle. During investigation, notice under Section 35(3) of the BNSS, 2023, in the name of the accused-applicant was issued and served upon one Aminul Islam, resident of village Chamuakhat under Dhula Police Station. On issuance of the said notice under Section 35(3) of the BNSS, 2023 and being apprehensive, the accused- applicant has filed the instant application for pre-arrest bail. 4. The learned counsel appearing for the accused-applicant submits that this Court vide order dated 19.09.2025, has already granted him interim pre-arrest bail and he has appeared before the Investigating Authority and the Investigating Authority has recorded his statement. He further submits that he is not involved in the offence mentioned in the FIR and therefore, he prays that the interim pre-arrest bail granted to the accused- applicant by this Court on 19.09.2025 should be made absolute. 5. The learned Addl. P.P., as per the Case Diary, submits that the co-accused, namely, Bahar Ali has implicated the accused-applicant of his involvement in the offences mentioned in the FIR, therefore, his interim pre-arrest bail should be rejected. 6. This Court has gone through the materials brought on record as well as the submissions advanced by the learned counsel appearing for the respective parties. 7. After considering the fact that the accused-applicant has been already granted interim pre-arrest bail and he has already appeared before the Investigating Authority as directed by this Court, this Court finds merit in making the aforesaid interim pre-arrest Page No.# 3/3 bail order dated 19.09.2025 absolute. 8. In view of the aforesaid, the interim pre-arrest bail passed by this Court vide, order dated 19.09.2025 is hereby made absolute. 9. Accordingly, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant