Page No.# 1/5 GAHC010228152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2446/2025 SRI PAWAN KUMAR SHARMA S/O- SHRI SHIV BHAGWAN SHARMA R/O- WHITE HOUSE, KHARGHULI MAIN ROAD, P.S- LATASIL DISTRICT - KAMRUP (M), ASSAM PIN- 781004. VERSUS THE STATE OF ASSAM (REPRESENTED BY THE PP, ASSAM) Advocate for the Petitioner : MR R SINGHA, MR P TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.10.2025 1. Heard Mr. R. Singha, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Pawan Kumar Sharma, who is apprehending his arrest in connection with Sessions Case No. 179/2025 corresponding to Sonapur P.S. Page No.# 2/5 Case No. 113/2025 under Sections 143/317(4)/49/3(5) of the BNS read with Sections 14/15/16/17 of the Assam Games and Betting Act. 3. It is pertinent to mention here that the petitioner had approached this Court on an earlier occasion by filing an anticipatory bail application during the course of investigation, and this Court had rejected his prayer for anticipatory bail in AB No. 1786/2025 on the grounds that there were sufficient materials against him in the case diary. 4. In the meanwhile, the Investigating Officer led the charge sheet against other co-accused persons and seeking leave of the Trial Court to continue further investigation against the present petitioner. One of the reasons mentioned in the charge sheet for not submitting the charge sheet against the present petitioner along with the other co-accused is that at that point of time he could not be detained. 5. It is further pertinent to mention here that on 14.10.2025, the petitioner was granted interim bail on the grounds that his mother had expired on 12.10.2025, and the petitioner had to attend the religious rituals to be performed of his deceased mother and accordingly, this Court, by order dated 14.10.2025, had granted interim bail to the petitioner to enable him to attend the religious rituals of his deceased mother. 6. It was further directed that the petitioner shall appear before the Investigating Officer on 30.10.2025. 7. The learned counsel for the petitioner has submitted that though, the petitioner was directed to appear before the Investigating Officer on 30.10.2025, however, he had approached the Investigating Officer on 24.10.2025 and on that day his statement under Section 180 of BNSS was recorded by the Investigating Officer. Page No.# 3/5 8. It is submitted by the learned counsel for the petitioner that today also the petitioner has already reached the police station to appear before the Investigating Officer in pursuant to the directions of this Court and he is ready to comply with any condition and is ready to cooperate in the investigation. 9. The learned counsel for the petitioner, therefore, submits that the interim bail granted to the petitioner on 14.10.2025 may be made absolute subject to any condition which may be imposed by this Court. 10. The learned counsel for the petitioner further submits that the interim bail was granted on 14.10.2025 to the petitioner by imposing certain conditions and the petitioner has abided by all the conditions so imposed. 11. He further undertakes to comply with any condition which may be imposed if the interim bail is made absolute. 12. On the other hand, the learned Additional Public Prosecutor Mr. B. Sarma has produced the case diary of Sonapur P.S. Case No. 113/2025 and has submitted that though the petitioner had appeared before the Investigating Officer on 24.10.2025, however, and though, the statement of the petitioner was recorded under Section 180 of the BNSS, however, there are still some other witnesses/victims who are required to be examined and if the interim bail of the petitioner is made absolute at this stage, there is a possibility of influencing those witnesses by the petitioner. 13. He further submits that the interim bail was granted to the petitioner for a specific purpose and when the purpose is achieved and when he surrenders before the Investigating Officers in pursuant to the said direction, there may not be any reason for extending or making the said interim bail absolute as this being the second anticipatory bail, the petitioner has not shown any new ground for making the bail absolute. Page No.# 4/5 14. I have considered the submissions made by the learned counsel for both sides. 15. It is true that the interim bail was granted mainly to enable the petitioner to attend the post death religious rituals of his deceased mother. 16. However, in the meanwhile, it appears that the petitioner had appeared before the Investigating Officer even prior to the date on which he was directed to appear and the Investigating Officer had also recorded the statement of the petitioner under Section 180 of the BNSS. 17. Though, the learned Additional Public Prosecutor has submitted that there are some more victims girls to be examined, however, in the case diary, there is no indication by the Investigating Officer as to whether in view of the cooperation rendered by the petitioner by appearing before the Investigating Officer his custodial interrogation would be necessary for fair completion of the investigation in respect of role of the petitioner in the offence alleged in this case. 18. Considering the fact that the investigation in respect of other accused persons have been completed and charge sheet has been laid and the acquisition against the present petitioner is also of the same nature and also considering the fact that the petitioner has appeared before the Investigating Officer and has rendered cooperation and there is no indication in the case diary regarding requirement of further custodial interrogation of the petitioner, this Court is inclined to make the interim bail granted to the petitioner on 14.10.2025 as absolute on following conditions:- i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such Page No.# 5/5 facts of the case before the Investigating Officer; ii. That the petitioner shall co-operate in the investigation. 19. This anticipatory bail application is, accordingly, disposed of. 20. Send back the case diary. JUDGE Comparing Assistant