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2025 DAILYLAW 25124 (GAU)

LABU MONI AMSONG v. THE STATE OF ASSAM

AB/2431/2025 · 2025-11-09

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010226522025 2025:GAU-AS:15157 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2431/2025 LABU MONI AMSONG S/O -BOLORAM AMSONG, R/O VILL KUSHTOLI, LAHARIGHAT, GORAPAR, PS BHURAGOAN, DIST MORIGAON, 782105, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI,MR. U S BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.11.2025 1. Heard Mr. S. Borthakur, the learned counsel for the accused/applicant. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor, Assam. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused/applicant, namely, Labu Moni Page No.# 2/3 Amsong has prayed for granting pre-arrest bail, apprehending arrest in connection with Morigaon Police Station Case No. 239/2025 registered under Sections 61 /152 /196 /197/353/351/132 of the BNS, 2023 read with Sections 66(D)/67/67(A)/67(B)/69(A) of the IT Act, 2000 and Section 14 of the Game and Betting Act (Assam), 1970. 3. The gist of the case is that one Sri Partha Bijoy Rajkhowa, Sub- Inspector lodged a complaint before the Officer-in-Charge of Morigaon Police Station, alleging primarily, that the accused petitioner is involved in instigating the public for attacking the police machinery in Sarusajai area during the public darshan of late Zubeen Garg. It is also alleged that the accused petitioner is a habitual offender with a history of provocating the public in the state of Assam. It is also alleged that intelligence report reveals that the accused petitioner has links to various violent protests following the unfortunate demise of late Zubeen Garg. 4. The Case diary, as called for, is placed before the Court. 5. It may be mentioned that by order, dated 09.10.2025, this Court granted the privilege of interim pre-arrest bail to the accused/applicant subject to conditions. 6. Mr. K. K. Parasar, learned Addl. Public Prosecutor, submits that the case diary shows that the accused/applicant appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the accused/applicant may not be necessary in the interest of the ongoing investigation into the case. Page No.# 3/3 7. Accordingly, the interim pre-arrest bail granted vide order, dated 09.10.2025 is hereby made absolute, subject said conditions. 8. Return the case diary. 9. This disposes off the anticipatory bail application. JUDGE Comparing Assistant