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2025 DAILYLAW 21997 (GAU)

PRABIR PAUL v. THE STATE OF ASSAM

AB/3345/2024 · 2025-01-21

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010270312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3345/2024 PRABIR PAUL S/O BABUL PAUL, RESIDENT OF HOUSE NO. 1, PRAGATI PATH LAL GANESH, PS DISPUR DIST. KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. P BORAH, MR. K BORUAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 22.01.2025 Heard Mr. K. Boruah, learned counsel for the applicant and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent. This application under Section 482 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita (BNSS), 2023, is preferred by the applicant, namely, Prabir Paul, who has been apprehending arrest in connection with Bongaigaon GRPS P.S. Case No.73/2024, under Section 120B/468/471/379/411 IPC, for grant of pre-arrest bail. The above noted case has been registered on the basis of an FIR lodged by HC Dharjyadhar Patgiri on 22.06.2024. The essence of allegation in the FIR dated 22.06.2024 is that 130 bags containing 11700 kg of areca nuts were being transported by the applicant through railway from Agartala to South India and the same were suspected to be smuggled from Myanmar. Mr. Boruah, learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail vide order dated 18.12.2024 and pursuant to the said order he had appeared before the I.O. and also produced the relevant documents and he has been extending cooperation to the investigating agency and therefore, it is contended to make the interim order dated 18.12.2024, absolute, in the same terms and conditions. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and also obtained instruction from the I.O. concerned and submits that the applicant had appeared before the I.O. and also submitted the relevant documents. In view of the submission of learned Advocates of both the parties and in view of the cooperation being extended by the applicant to the investigating agency, his custodial interrogation seems to be not warranted here in this case and accordingly, the interim order dated 18.12.2024 is made absolute in the same terms and conditions. Page No.# 3/3 In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant