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2025 DAILYLAW 25852 (GAU)

SOFIKUL ISLAM v. THE STATE OF ASSAM

AB/1869/2024 · 2025-11-13

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010146412024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : AB/1869/2024 SOFIKUL ISLAM S/O GIAS UDDIN AHMED @ GIASUDDIN R/O VILL- GAROJAN P.O.-SIMLABARI P.S.-LAKHIPUR DIST- GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.11.2025 Heard Ms. R. Deka, learned counsel appearing for the accused/applicant. Also heard Mr. K. Baishya, learned APP for the State of Assam. 2. By order dated 23.07.2024, passed by a coordinate Bench of this court, the accused/applicant was allowed to go on interim pre-arrest bail with the conditions that the accused/applicant shall appear before the Investigating Officer within a period of 7 days from the date of passing of such order. The Page No.# 2/2 learned counsel for the accused/applicant submits that though the accused/applicant was appeared before the I.O. on two occasions as per the aforesaid conditions but his statement was not recorded by the I.O. and now he is willing to appear before the I.O and shall cooperate in the investigation in the instant case. Therefore, the interim order dated 23.07.2024 should be made absolute. 3. The learned APP has submitted that the certified copy of the said interim order dated 23.07.2024 is available in the case diary but no statement was found in the case diary. In view of the above, he fairly submits that though this court may consider making the interim order absolute but the same should be with a condition that the accused/applicant shall appear before the I.O. within a certain period of time. 4. Taking into account the fact as well as perusing the materials available on record produced before the court, this court is of the opinion that the instant case merits pre-arrest bail. Therefore, interim pre- arrest bail granted vide order dated 23.07.2024 be made absolute subject to the condition that the accused/ applicant shall appear before the I.O. within a period of 10 days from today on furnishing a bond a bond of Rs. 20,000/- (Rupees twenty Thousands) with one surety of like amounts to the satisfaction of the arresting authority in connection with Lakhipur P.S. Case No. 164/2024. 5. It is made clear that the other conditions of the interim pre-arrest bail dated 23.07.2024 shall remain as it is. 6. With the above direction, the bail application stands disposed of. 7. Return the case diary. JUDGE Comparing Assistant