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2025 DAILYLAW 20615 (GAU)

UPENDRA KUMAR SHARMA @ UPENDRA KUMAR SARMAH AND 2 ORS v. THE STATE OF ASSAM

AB/2970/2024 · 2025-01-06

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010236912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2970/2024 UPENDRA KUMAR SHARMA @ UPENDRA KUMAR SARMAH AND 2 ORS S/O JAWAHARLAL SHARMA R/OVILL- SALAKATI P.O. SALAKATI P.S. KOKRAJHAR DIST. KOKRAJHAR, ASSAM PIN CODE- 783369 TEMPORARY/PRESENT ADDRESS VILL- BHOWLAGURI P.O. AND P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM PIN CODE-783381 2: RAMABATI SHARMA W/O JAWAHARLAL SHARMA R/O VILL- SALAKATI P.O. SALAKATI P.S.KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN CODE- 783369 TEMPORARY/PRESENT ADDRESS- VILL- BHOWLAGURI P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN CODE- 783381 3: RAJEN MAHATO S/O KISAN MAHATO VILL- TOWN -40 DOLAIGAON P.S. BONGAIGAON Page No.# 2/3 DIST. BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R C DAS, A JUBARIA,MR. H RAHMAN,MR S HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. R.C.Das, learned counsel for the petitioners and Mr. R.R.Kaushik, learned Addl.P.P. for the State respondent. This application under Section 482 of the BNSS, 2023 has been filed praying for grant of pre-arrest bail to the petitioners, 1. Upendra Kumar Sharma @ Upendra Kumar Sarmah, 2. Ramabati Sharma and 3. Rajen Mahato in respect of Bongaigaon PS Case No. 336/2024 under Section 61(2) (a)/108 of the BNS Act. Mr. Kaushik submits that the present petitioners were granted interim protection vide orders dated 03.12.2024 and 12.11.2024 by this court and they have already appeared before the I.O. and are co-operating with the police investigation. I have heard submission of both sides. Since the petitioners have appeared before the I.O. and are co-operating in the Page No.# 3/3 investigation, they do not deserve to be detained in custody and as such, their pre-arrest bail is hereby allowed. The interim orders dated 03.12.2024 and 12.111.2024 is hereby made absolute. With the aforesaid direction, the pre-arrest bail application stands disposed of. Case diary be returned back. JUDGE Comparing Assistant