Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19856 (GAU)

BIJU RAY v. THE STATE OF ASSAM

AB/2775/2024 · 2025-04-30

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010218472024 2025:GAU-AS:5389 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2775/2024 BIJU RAY S/O NARESH CHANDRA RAY R/O PARLIRTOL CHEDAMARI P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM PIN-783388 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 01.05.2025 1. Heard Mr. N. Mahajan, the learned counsel for the petitioner. Also heard Mr. P.S. Lakhar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. The learned counsel for the petitioner has submitted that the petitioner was granted interim anticipatory bail by a co-ordinate bench of this Court, by order dated, 21.10.2024 and thereafter, he has appeared before the Investigating Officer and has co-operated in the investigation. He therefore, prays for making the anticipatory bail absolute. 3. On the other hand, Mr. P.S. Lahkar, the learned Additional Public Prosecutor has produced the Case Diary of Bongaigaon P.S. Case No. 296/2024 and has submitted that there are sufficient incriminating materials against the petitioner in the Case Diary and therefore, his interim bail should be rejected. 4. It is also submitted by the learned Additional Public Prosecutor that the petitioner is not co-operating in the investigation, as he has not disclosed certain vital information to the Investigating Officer. 5. I have considered the submissions made by the learned counsel for both the sides and have gone through the Case Diary. It appears that after getting interim anticipatory bail from this Court, the petitioner has appeared before the Investigating Officer and his statement has also been recorded by the Investigating Officer. The materials on record suggest that the petitioner is not evading from co-operating with the Investigating Officer. 6. The submissions of the learned Additional Public Prosecutor that further interrogation of the petitioner is required at the address by imposing additional condition on the petitioner. 7. For the reasons stated hereinabove, the interim anticipatory bail Page No.# 3/3 dated 21.10.2024, granted to the petitioner, by a co-ordinate bench of this Court, is hereby made absolute with the following conditions:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. (iii) the petitioner shall appear again before the Investigating Officer within a period of 10(ten) days from the date of this order, and shall co- operate in the investigation and shall continue to do so, as and when so required by the Investigating Officer till completion of the investigation. 8. With the above observations, this anticipatory bail application is hereby disposed of. 9. Send back the case diary. JUDGE Comparing Assistant