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2025 DAILYLAW 21428 (GAU)

KANCHU MONDAL AND ANR v. THE STATE OF ASSAM

AB/3262/2024 · 2025-01-28

Robin Phukan

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Judgment text

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Page No.# 1/2 GAHC010258862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3262/2024 KANCHU MONDAL AND ANR S/O KADAM ALI VILL- MAYARCHAR PT. VI, P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 2: JOBED ALI MONDAL S/O KADAM ALI VILL- MAYERCHAR PT. VI P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Page No.# 2/2 Heard Mr. A.Alim SK, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by applicant, namely, 1. Kanchu Mondal 2. Jobed Ali Mondal, who have been apprehending arrest in connection with Howly P.S. Case No.137/2024, under Section 316(2)/318(2) of BNS, 2023, for grant of pre-arrest bail. 3. The learned counsel for the applicant submits that both the applicants were granted the privilege of interim pre-arrest bail vide order dated 12.12.2024, and they have appeared before the I.O. and co-operating with the investigating agency and therefore, it is contended to make the interim order dated 12.12.2024, absolute in the same terms and conditions. 4. On the other hand Mr. Sarma, learned Additional Public Prosecutor has produce the case diary before this Court and submits that none of the applicants were warranted in connection with the FIR of Howly P.S. Case No.137/2024. 5. In that view of the matter there is no apprehension of arrest of the applicants and therefore, this anticipatory bail application become infrutuous and accordingly this AB No. 3262/2024 stands closed. Case diary shall be returned. JUDGE Comparing Assistant