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2025 DAILYLAW 22310 (GAU)

SARIMUL HOQUE v. THE STATE OF ASSAM

AB/3425/2024 · 2025-05-29

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010277242024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3425/2024 SARIMUL HOQUE S/O TAZMUL ALI R/O VILL- RANGAPARA P.S. BADARPUR, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, MR F Z MAZUMDER (INFORMANT) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.05.2025 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner also heard Mr. R. J. Baruah, learned Additional Public Prosecutor as well as Mr. F.Z. Mazumder, learned counsel for the informant. 2. The learned Additional Public Prosecutor submits that though the case diary was called for, however, in the meanwhile charge-sheet has been laid bearing charge-sheet No. 22/2025 dated 28.02.2025. 3. On the other hand, the learned counsel for the petitioner has submitted Page No.# 2/2 that the petitioner was granted interim anticipatory bail by this Court by the order dated 03.01.2025 and in pursuant to the direction of this Court the petitioner has appeared before the Investigating Officer and has co-operated in the investigation. 4. The learned counsel for the informant has submitted that the petitioner has been threatening the victim to withdraw the case against him, however, no written objection has been filed in this bail application by the informant side. However, the learned counsel for the informant has submitted a photo copy of email which was forwarded by the informant to the Superintendent of Police, Sribhumi, intimating therein regarding the threats given by the petitioner. 5. As the charge-sheet has already been laid in the meanwhile, the question of withdrawal of the case by the informant is not relevant at this stage. 6. However, considering the submissions made by learned counsel for the informant as well as the petitioner, this anticipatory bail application is disposed of with observation that the interim anticipatory bail granted to the petitioner by the order dated 03.01.2025 is extended for next two months or till the petitioner appears before the trial Court in pursuant to the summons received from the said Court whichever is earlier. After appearing before the trial Court the petitioner shall have to move a regular bail application before the said Court and the informant may oppose such application before the said Court. 7. With above observation, this anticipatory bail application is disposed of. JUDGE Comparing Assistant