Page No.# 1/3 GAHC010273782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3394/2024 ASHIK AHMED MONDAL @ LARJU AND 3 ORS. S/O ABUL KALAM AZAD MONDAL R/O VILL- JHOWDANGA MANDAL PARA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR 2: BABLU MIA S/OLT. ABDUL BATEN R/O VILL- JHOWDANGA MANDAL PARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR 3: ALIM UDDIN S/O AYUB HUSSAIN MANDAL R/O VILL- JHOWDANGA MANDAL PARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR 4: JINARUL ISLAM S/O MUJJAFFAR ALI VILL- KUCHNIMARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. S S AHMED,MR. I U CHOWDHURY,MR. R A CHOUDHURY Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 22.01.2025 Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Ms. R.A. Choudhury, learned counsel for the applicants. And also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by four applicants, namely, Ashik Ahmed Mondal @ Larju, Bablu Mia, Alim Uddin and Jinarul Islam, who have been apprehending arrest in connection with Mankachar P.S. Case No.207/2024, under Section 140(3)/117(2)/ 127(3)/3(5) of the 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 an FIR lodged by one Shajida Begum, on 04.11.2024. The essence of allegation, against the applicant is that on 25.09.2024, Ashik Mondal called her husband and taken him to Delhi and since then she has not received any information about her husband and then on 28.10.2024, she has received one video in mobile whatsapp which shows that Ashik Mondal and other co-accused assaulted her husband with iron rod with a view to kill him and also confined him wrongfully in a secret place. 4. Mr. Choudhury, learned Senior counsel for the applicants submits that this Court, vide order dated 20.12.2024, was pleased to grant the privilege of Page No.# 3/3 interim pre-arrest bail to the applicants and pursuant to the said order, they have appeared before the I.O. and cooperating with the investigating agency and as such, Mr. Choudhury submits that the interim order, dated 20.12.2024, may be made absolute in the same terms and conditions. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and he submits that the applicants have appeared before the I.O. and their statements are also recorded. 6. Having heard 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. Goswami, learned Additional P.P. 7. It appears that the victim has already been recovered and the statement of the witnesses, including the statement of the victim, has already been recorded and the medical examination of the victim was also conducted and pursuant to the order of this Court dated 20.12.2024, they have also appeared before the I.O. and their statements are also recorded. In view of above, custodial interrogation of the present applicants seems to be not warranted in the interest of investigation and accordingly, the interim order dated 20.12.2024 is hereby made absolute in the same terms and conditions. 8. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. JUDGE Comparing Assistant