Page No.# 1/3 GAHC010225062024 2025:GAU-AS:5334 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2850/2024 HAIDAR ALI KHAN AND ANR S/O LT. ABDUL KUDDUS KHAN, R/O VILL- CHAILABARI PART I, P.S.- MERERCHAR, DIST- BONGAIGAON, ASSAM 2: MOZIBAR RAHMAN S/O LT. SIRAJUL HOQUE R/O BALARCHAR PART-I P.S.-MERERCHAR DIST-BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 01.05.2025 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. 2. This application is filed under Section 482 of BNSS, praying for grant of regular bail to the accused/petitioner, who is apprehending arrest in connection with Abhayapuri P.S. Case No.202/2024, registered under Section 308(2) BNS read with Section 7 of PC Act. 3. The IO, namely Karnab Patowari, appeared personally before this Court in compliance with the Court's Order dated 04.04.2025 and accordingly produced the updated Case Diary. He further submitted that he was on leave due to his marriage ceremony, and apologized for not handing over the Case Diary to any other officer during his absence. 4. In this regard, Mr. Khan, learned counsel for the petitioners, has submitted that petitioner No. 1 has already been arrested in connection with this case during its pendency, and that the present petition concerns petitioner No. 2. He further submitted that, after obtaining interim pre-arrest bail, petitioner No. 2 appeared before the Investigating Officer (IO) on several occasions, but due to the IO’s absence, his statement could not be recorded. His statement was eventually recorded only after the order dated 04.04.2025 was obtained. He further submits that petitioner No. 2 is still ready and willing to cooperate with the IO in the further investigation of the case, provided that his interim pre- Page No.# 3/3 arrest bail is made absolute. 5. In this context, Mr. Baruah, learned Additional Public Prosecutor, has submitted that accused/petitioner No. 2 did appear before the IO and cooperated in the investigation, and that his statement has been recorded. Moreover, from the IO’s note, it appears that no specific allegations have been leveled against accused/petitioner No. 2, and therefore, his further custodial interrogation may not be necessary in the interest of the investigation. 6. After hearing the submissions of the learned counsels for both sides and considering the materials available in the Case Diary, as well as the IO’s note, I find it appropriate to allow the prayer made by the accused/petitioner No.2. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioner vide order dated 06.12.2024, is hereby made absolute with same terms and conditions. 7. The personal appearance of the IO, namely Karnab Patowari, APS, is hereby dispensed with, with a direction not to repeat the same mistake in the future. In light of the above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant