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2025 DAILYLAW 26073 (GAU)

RAMAKANTA MACHAHARY AND ANR v. THE STATE OF ASSAM

AB/1588/2025 · 2025-10-27

Pranjal Das

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010147422025 2025:GAU-AS:14377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1588/2025 RAMAKANTA MACHAHARY AND ANR S/O LATE GOBINDA MACHAHARY R/O VILL. DALBARI P.O. DALBARI P.S. BARAMA DIST. BASKA ASSAM PIN 781333 2: HARAKANTA MOCHAHARY S/O LATE THEKREB MACHARY R/O VILL. DALBARI P.O. DALBARI P.S. BARAMA DIST. BASKA ASSAM PIN 781333 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM. ------------ Advocate for : MR H TALUKDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 28.10.2025 1. Heard Mr. H. Talukdar, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, Sri. Ramakanta Machahary and Sri. Harakanta Mochahary, who are apprehending their arrest in connection with CID P.S. Case No.11/2025. 3. The gist of accusation in this case is that a Co-ordinate Bench of this Court by an order dated 23.06.2025, passed in WP(C) No.3304/2025 had directed the Special DGP, CID (respondent No.10 in the said Writ Petition) registered a Case against a School, namely, Eklavya Model Residential School, Dalbari, which is run by an un- authorized person, namely, Angelus Baxla and accordingly, an FIR was lodged on 25.06.2025 before the Officer-In-Charge of CID Police Station by Smt. Rozy Rani Sarmah, Special Superintendent of Police (Crime against Women and Children) CID, Assam. 4. The present two petitioners were granted interim pre-arrest bail on 10.07.2025, pursuant to which they have appeared before the I.O and their statements have been recorded, which is confirmed by the learned Additional Public Prosecutor for the State 5. Case diary has been received. Page No.# 3/3 6. The investigation has progressed sufficiently, as reflected in the voluminous case diary. 7. I have perused the relevant portions of the same with the assistance of the learned Additional Public Prosecutor for the State. 8. Considering the progress of investigation and the co- operation rendered by the petitioners, I do not deem it necessary to cancel the interim bail and accordingly, the same is made absolute subject to the condition that – i) They shall co-operate with the investigation; ii) They shall be available for trial, if one commences 9. Return back the case diary. 10. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant