Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010231912025
2025:GAU-AS:17571
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2502/2025 SIVA PRASAD KUMAR S/O- LATE NARAYAN KUMAR, PARMANENT RESIDENT OF HOUSE NO 37,NEAR DK COLLEGE MIRZA, MALIHATA, KAMRUP, MIRZA, ASSAM, P.O.- MIRZA, P.S.-PALASHBARI, PIN-781125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. M AHMED, MS S AHMED,MR. M M ZAMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.12.2025
Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public prosecutor for the State.
2. This petition has been filed under Section 482 of the Bharatiya
Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Siva Prasad Kumar, has prayed for granting pre-arrest bail, apprehending arrest in connection with Gorchuk P.S. Case No. 269/2025 under Section 143(5)/144(1) of BNS, 2023 r/w Section 3(2)(a)/4/5(1)(d)(ii) of Immoral Traffic (Prevention) Act and r/w Section 6 of POCSO Act.
3. The informant is a police personnel being represented by the learned Additional Public prosecutor.
4. The petitioner was granted interim protection on 23.10.2025. It is submitted by the learned counsel for the petitioner that in the mean time, the case has been charge sheeted and in respect of his contention, he has placed a certified copy of charge sheet vide C.S. No. 273/2025 dated 10.11.2025 before this Court. It is also submitted that after investigation, the present petitioner has not sent up for trial.
5. Upon perusing the charge sheet, I find that the petitioner is not one of the listed accused and is not sent up for trial.
6. The Additional Public Prosecutor submits that in view of this development, the apprehension of arrest of the petitioner becomes baseless.
7. At the same time, I find that since the petitioner was granted interim bail vide order dated 10.11.2025 therefore, the said order has to be taken to its logical conclusion. Though, I find that the petitioner’s apprehension of arrest is no longer justified. Nevertheless, interim bail granted vide order dated 10.11.2025 is hereby made absolute subject to the conditions – that the petitioner shall co-operate with the process of law.
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8. The petition stands disposed of accordingly.
JUDGE Comparing Assistant