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2025 DAILYLAW 25064 (GAU)

AJIT BARUAH v. THE STATE OF ASSAM

AB/611/2025 · 2025-11-16

Anjan Moni Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010053182025 2025:GAU-AS:15515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/611/2025 AJIT BARUAH S/O LATETULSHI BARUAH R/ONAMDEKA CHUBURI P.S. TEZPUR DIST. SONITPUR,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-11-2025 Heard Mr. J. Payeng, learned counsel for the accused applicant and Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 for granting anticipatory bail to the accused applicant in connection with Tezpur P.S. Case Page No.# 2/3 No. 414/2025 under Sections 419/420/ 466/403 IPC. 3. An FIR was lodged on 29.10.2024 by the Additional District Commissioner, Sonitpur, Assam, alleging that there are certain irregularities in distribution and allotment of Power Tiller in his office. It was alleged that one beneficiary, namely, Sumanta Borah, was allotted one Power Tiller for the year 2022 but the beneficiary later filed a complaint to the Director, Tribal Affairs (Plain) that he had never received the said Power Tiller. It was alleged that similar complaints have been received. Accordingly, Police registered the Tezpur P.S. Case No. 414/2025 under Sections 419/420/466/403 IPC. 4. In connection with the aforementioned case, a notice under Section 35 (3) of BNSS was issued to the accused applicant. Being apprehensive of his arrest, the accused applicant approached this Court and this Court, vide order dated 18.03.2025, had allowed the accused applicant to go on interim pre-arrest bail with certain conditions mentioned therein. 5. Mr. R. J. Baruah, learned Additional Public Prosecutor for the State prays for some time for production of Case Diary and submits that perusal of the Case Diary may be necessary in the case while considering this pre-arrest bail application. 6. This Court has gone through the materials brought before this Court as well as heard the submissions made by the respective counsel appearing for the parties. 7. After taking the entire aspects of the matter in its entirety and taking into account the fact that the FIR was filed long time back on 29.10.2024, as well as the fact that the accused applicant has already appeared before the investigating officer and had his statement recorded, this Court is of the view Page No.# 3/3 that this is a fit case wherein the accused applicant should be granted the privilege of pre-arrest bail. 8. Accordingly, interim pre-arrest bail so passed earlier on 18.03.2025 is made absolute with the same conditions as have been stated in the aforesaid order, with the further condition that the accused applicant shall fully cooperate with the investigation and he shall make himself available before the investigating officer, as and when called for. 9. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant