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2025 DAILYLAW 22471 (GAU)

MANNE NAGAMALLESWARA RAO AND 2 ORS v. THE STATE OF ASSAM

AB/1/2025 · 2025-02-13

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/4 GAHC010280282024 2025:GAU-AS:1536 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1/2025 MANNE NAGAMALLESWARA RAO AND 2 ORS S/O LATE MANNE SATYANARAYANA R/O PROGESSIVE CONSTRUCTIONS LTD. SITE CAMP, VILL- ANGOLIN, P.O. ANGOLIN, P.S. ANINI, DIS. DIBANG VALLEY, ARUNACHAL PRADESH, PIN-792101 2: POTLURI VENKATESHWARA RAO S/O LATE POTLURI RAMA BRAHMAM R/O PROGRESSIVE CONSTRUCTIONS LTD. SITE CAMP VILL- ANGOLIN P.O. ANGOLIN P.S. ANINI DIST. DIBANG VALLEY ARUNACHAL PRADESH PIN- 792101 3: SURVOJIT SAHA S/O SRI SUBHASH CHANDRA SAHA R/O PROGRESSIVE CONSRUCTIONS LTD. TRANSIT OFFICE ROING P.O. ROING P.S. ROING DIST. LOWER DIBANG VALLEY ARUNACHAL PRADESH PIN-79211 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. K M HALOI, MRS. BHANITA CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.02.2025 Heard Mr. K. M. Haloi, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending their arrest, the petitioners, namely, (i) Manne Nagamalleswara Rao, son of late Manne Satyanarayana; (ii) Potluri Venkateshwara Rao, son of late Potluri Rama Brahmam, both residents of Progressive Constructions Ltd. Site Camp, village-Angolin, Police Station-Anini, District- Dibang Valley, Arunachal Pradesh and (iii) Suvojit Saha, son of Sri Subhash Chandra Saha, resident of Progressive Constructions Ltd. Transit Office, Roing, Police Station- Roing, District-Lower Dibang Valley, Arunachal Pradesh have filed this application under Section 482 BNSS, 2023, praying for their pre-arrest bail in Gohpur Police Station Case No. 150/2024 registered under Sections 318(3)/ 316(2)/ 351(3) BNS, 2023 corresponding to G.R. No. 288/2024. 3. Earlier, by order dated 06.01.2025, the Court granted interim bail to the petitioners and directed them to appear before the concerned Investigating Officer of Gohpur P.S. Case No. 150/2024 within 10 days. 4. Mr. B Sarma, learned Additional Public Prosecutor, Assam from the case diary submitted that pursuant to the said order of the Court dated 06.01.2025, the petitioners appeared before the concerned Investigating Officer of said Gohpur P.S. Case No. 150/2024 on 11.01.2025 and their statements were accordingly recorded by Page No.# 3/4 the Investigating Officer of the said case. 5. Mr. B Sarma, learned Additional Public Prosecutor, Assam also submitted that matter relates to non payment of some dues and terms of the agreement between the parties, where the disputes are civil in nature and that custodial detention of the petitioners are not warranted for investigation of the case. 6. Considering the same, this Court is of the view that custodial detention of the petitioners are not warranted for investigation of said Gohpur P.S. Case No. 150/2024. As such, this pre-arrest bail application of the petitioner Nos. 1, 2 & 3 in said Gohpur P.S. Case No. 150/2024 is accepted. 7. Accordingly, the interim bail granted to the petitioner Nos. 1, 2 & 3 on 06.01.2025 in said Gohpur P.S. Case No. 150/2024 is hereby made absolute, subject to the compliance of the conditions by the petitioners as specified in the order dated 06.01.2025, with further conditions that - i) the petitioners shall not leave the territorial jurisdiction of the Gohpur police station, without obtaining prior written permission from the concerned Investigating Officer of the case; ii) the petitioners shall not hamper with the investigation, or tamper with the evidence of the case; iii) the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and; iv) the petitioners shall not involve themselves in any other criminal activities in the future. 8. Any violation of the terms and conditions specified in the order dated 06.01.2025 and the conditions noted above, by any of the petitioners, namely, (i) Manne Nagamalleswara Rao, son of late Manne Satyanarayana; (ii) Potluri Venkateshwara Rao, son of late Potluri Rama Brahmam and (iii) Suvojit Saha, son of Sri Subhash Chandra Saha, the pre-arrest bail granted to them in said Gohpur P.S. Page No.# 4/4 Case No. 150/2024 shall stand automatically vacated. 9. Return the case diary herewith. JUDGE Comparing Assistant