Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010236822024
2025:GAU-AS:595
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2967/2024 RAFIKUL ALI @ ROFIK ALI S/O TACHER ALI R/O VILL- DUBI, P.S. PATACHARKUCHI, IN THE DISTRICT OF BAJALI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MR S A BARBHUYAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 21.01.2025
Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Barpeta Road P. S. Case No. 158/2024 registered under Sections 111/316(2)/318(4) of BNS. The Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioner, Mr. Nawaz, that after obtaining the interim pre-arrest bail on 12.11.2024, the petitioner appeared before the Investigating Officer (I.O.), cooperated in the investigation of this case, and recorded his statement under Section 161 of the Cr.P.C. He further submits that the petitioner is ready and willing to co-operate with the I.O. in the further investigation of the case and, accordingly, prays for making the interim bail absolute. In this context, Mr. Sharma, learned Additional Public Prosecutor, has submitted that from the Case Diary, it is seen that there is incriminating material available against the accused/petitioner. However, it is also seen that the petitioner is co-operating with the I.O. in the investigation, and there is no note from the concerned I.O. regarding his further custodial interrogation. Therefore, no objection is raised to the prayer made by the petitioner. After hearing the submissions of the learned counsels for both sides and
Page No.# 3/3 considering the materials available in the Case Diary, as well as the fact that the accused/petitioner has appeared before the I.O. and co-operated with the investigation, I find it appropriate to extend the privilege of pre-arrest bail to the petitioner, namely Sri Rafikul Ali @ Rofik Ali.
Accordingly, the interim pre- arrest bail order granted to the accused/petitioner vide order dated 12.11.2024 is hereby made absolute with the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant