Page No.# 1/3 GAHC010255092024 2025:GAU-AS:350 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3154/2024 DHARMESWAR ROY S/O LATE JAGAT DIPEN ROY R/O SORONIA SAI KRIPA BHAWAN, HOUSE NO. 2A, P.S. PALTAN BAZAR, GUWAHATI, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T HUSSAIN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 No representation on behalf of the petitioner on call. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 3. Apprehending his arrest, the petitioner, namely, Dharmeswar Roy, son of Late Jagat Dipen Roy, resident of Soronia Sai Kripa Bhawan, House No. 2A, P.S. Paltan Bazar, has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail in Bhangagarh P.S. Case No. 173/2024 registered under Section 318(4) of BNS, 2023 corresponding to G.R. No. 6847/2024. 4. On 03.12.2024, the Court considering the prayer of the petitioner granted interim bail to the petitioner in said Bhangagarh P.S. Case No. 173/2024 directing him to appear before the concerned Investigating Officer of said Bhangagarh P.S. Case No. 173/2024 on or before 07.12.2024, fixing the matter on 16.12.2024 for production of the relevant case diary. 5. On 16.12.2024, on the prayer of the learned counsel for the petitioner, the matter was adjourned and it was fixed on 18.12.2024. On 18.12.2024, the case was not available, therefore, this case was accordingly fixed today. 6. The petitioner remained unrepresented when the matter was taken up for consideration, though name of the counsel for the petitioner has been reflected in the cause list. 7. Case diary placed before the Court today by Mr. Sarma, learned APP is upto 03.01.2025 and from the case diary it is seen that the petitioner did not appear before the concerned Investigating Officer of said Bhangagarh P.S. Case on or before 07.12.2024 in terms of the order dated 03.12.2024, passed earlier in this proceeding and even after 07.12.2024 till 02.01.2025. 8. Mr. Sarma, learned APP submitted that the petitioner is a habitual offender and he is Page No.# 3/3 involved in similar kind of criminal act, having various cases against him as the main accused, being Basistha P.S. Case No. 265/2023, Panbazar P.S. Case No.138/2017, Chandmari P.S. Case No. 246/2024 and Rangia P.S. Case No. 204/2023. 9. There are sufficient incriminating materials against the petitioner in the case diary. Moreover, the petitioner violated one of the terms and conditions of the interim bail dated 03.12.2024 granted to him earlier in said Bhangagarh P.S. Case No. 173/2024. 10. For the reasons above, this pre-arrest bail application of the petitioner in said Bhangagarh P.S. Case No. 173/2024 stands rejected. 11. The interim bail granted to the petitioner, named above, earlier on 03.12.2024 in said Bhangagarh P.S. Case No. 173/2024 is hereby recalled/stands vacated. JUDGE Comparing Assistant