Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010214222024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2947/2024 ABIR DUTTA S/O LT. JAGAT CHANDRA DUTTA, R/O VILL/TOWN- WARD NO. 7, SOUTH AMOLAPATTY, MOHANGHAT, NEAR BORAH HYUNDAI, DIBRUGARH, ASSAM, PIN-786008 VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:EXECUTIVE ENGINEER DIBRUGARH WATER RESOURCE DIVISION JALA SAMPAD BHAWAN PALTANBAZAR MAIN ROAD DIBRUGARH-78600 Advocate for the Petitioner : MR. L TALUKDAR, S HUSSAIN,MR H TALUKDAR,MS K. KALITA Advocate for the Respondent : PP, ASSAM, SC, WATER RESOURCE
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.01.2025
Heard Mr. L. Talukdar, learned counsel for the applicant; Mr. M.P. Goswami, learned Additional Public Prosecutor for the State, respondent No. 1; and Mr. C. Sarma, learned counsel for the respondent No. 2. 2. Apprehending arrest in connection with CID PS Case No. 11/2024,
Page No.# 2/3 under Sections 120B, 420, 468, 471 of the IPC, this application under Section 482 of the BNSS, is preferred by applicant namely, Abir Dutta for grant of pre-arrest bail. 3. It is to be note here that the said case was registered on the basis of an FIR lodged by Executive Engineer, Dibrugarh Water Resources Division, Dibrugarh, on 23.07.2024. The essence of allegation against the applicant is that he has made an illegal claim for land accusation compensation in respect of a plot of land covered by Dag Nos. 8 & 9 of Dibrugarh Town Protection Dyke/Mathouri, which was constructed in the year 1954 – 56 and the same is Government land and allegedly purchased by father of the applicant, Late Jagat Ch. Dutta, in the year 1971. 4. Mr. Talukdar, learned counsel for the applicant submits that this court was pleased to grant interim protection to the applicant, vide order dated 11.11.2024 and pursuant to the said order, the applicant had appeared before the IO and cooperating with the investigating agency and he also submitted all the relevant documents to the IO and the same has been seized preparing seizure list and therefore, it is contended to make the interim order dated 11.11.2024, absolute in the same terms and conditions. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor by producing the case diary before this court, submits that the investigation is still going on.
However, he submits that the applicant had appeared before the IO and his statement is recorded and the IO has also examined some 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 and also perused the case diary with the assistance of learned Additional Public Prosecutor. Page No.# 3/3
7. In view of the submissions of learned counsel for both the parties and also considering the fact that the applicant has been cooperating with the investigating agency and also in view of the progress of investigation, this court is inclined to make the interim order dated 11.11.2024, absolute in the same terms and conditions. 8. In terms of above this AB stands disposed of. 9. The case diary be returned. JUDGE Comparing Assistant