Page No.# 1/3 GAHC010267612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3378/2024 MASTAK AHMED BARBHUIYA S/O LT HARIS ALI BARBHIYAN R/O VILL- NIZ VERNARPUR, PART-II, P.O. VERNARPUR, P.S.LALA DIST. HAILAKANDI, ASSAM PIN- 788163 MOBILE NO. 6360110135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N ISLAM, MS. L WAJEEDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.01.2025 Heard Ms. L. Wajeeda, learned counsel for the applicant. And also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam, appearing for the Page No.# 2/3 State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by applicant, namely, Mastak Ahmed Barbhuiya who has been apprehending arrest in connection with Lala P.S. Case No.175/2024, under Section 126(2)/303(2)/131/296/351(3) of BNS, for grant of pre-arrest bail. 3. It is to be noted here that, the above noted case has been registered on the basis of one FIR lodged by one Taher Ahmed Barbhuiya, on 18.09.2024. The essence of allegation, against the applicant is that on 18.09.2024, at about 8.23 P.M., the applicant and some other persons tried to kidnap the informant from Bisnupur by-pass while he was proceeding towards Daschin-Jashaba for some urgent official works and they have snatched away his purse containing of Rs. 5,000/- and also snatched one gold chain from his neck and assaulted him physically and used filthy language and threatened to killed him. 4. The learned counsel for the applicant submits that the applicant is innocent that no way involved with the offence alleged in the FIR and this Court, vide order dated 19.12.2024, was pleased to extended the privilege of interim pre-arrest bail and pursuant to the said order, the applicant has appeared before the IO and his statements is recorded and he has been co- operating with the investigating agency and therefore, a contention is being made that the interim order, dated 19.12.2024, may be made absolute in the said terms and conditions. 5. Mr. Parasar, learned Additional Public Prosecutor, Assam has produced the case diary before this Court and submits that investigation of the case is almost completed. However, no charge-sheet is submitted till date and in Page No.# 3/3 that in view of the order, dated 19.12.2024, the applicants had appeared before the IO and co-operating with the investigating agency. 6. In view of the submission of learned advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Parasar. And in view of the co-operation being extended by the applicant, this custodial interrogation seems to be not warranted here in this case. And accordingly, the interim order dated 19.12.2024, is hereby made absolute in the said terms and conditions. 7. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. JUDGE Comparing Assistant