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2025 DAILYLAW 26975 (GAU)

ASHRAFUL HOQUE v. THE STATE OF ASSAM

AB/2565/2025 · 2025-12-14

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/2 GAHC010239372025 2025:GAU-AS:17486 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2565/2025 ASHRAFUL HOQUE S/O ABUL HUSSAIN PERMANENT R/O VILL- RUPARIKASH, P.O. SATKHALI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MR. A BHATTACHARJEE,MS K TALUKDAR,MS. K MALAKAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 15.12.2025 Heard Mr A Bhattacharya, learned counsel appearing for the petitioner. 2. Also heard Mr P S Lahkar, learned Additional Public Prosecutor, who has produced before this Court, the report by the Officer-In-Charge of Hatigaon Police Station. Page No.# 2/2 3. The report of the Officer-In-Charge of the Hatigaon Police Station is to the effect that a written complaint has been received against the petitioner, which was entered as a GD Entry vide GDE No. 31/2025 and the Officer-In-Charge endorsed the same for investigation. During the investigation, the Enquiry Officer contacted the petitioner over phone and instructed him to report to the Hatigaon Police Station to verify the allegations. However, the petitioner switched off his mobile and did not appear before the authorities of the Police Station nor communicated with the Investigating Officer. Thereafter, Hatigaon PS Case No. 44/2025 had been registered, in which charge sheet has already been submitted against the arrested accused person. The Officer-In-Charge has further reported that the petitioner had failed to cooperate during the enquiry proceedings. 4. Mr Bhattacharya, learned counsel for the petitioner has submitted that this report, in all probabilities, relates to an earlier incident, in which the accused applicant had been arrested and had been allowed to go on bail. The present report by the Officer-In-Charge of Hatigaon Police Station, does not reflect that any further case has been registered against the petitioner. In fact, the report says that the enquiry remains incomplete and no other case has been registered against the petitioner. Therefore, it appears that no Police Station case has yet been registered on the present complaint, referred to in this anticipatory bail petition. 5. In view of the fact that no Police Station case has yet been registered, nothing further remains adjudicated in this anticipatory bail application. The petitioner is at liberty to take appropriate steps in law, in case other cases are registered against him. 6. Anticipatory Bail Application accordingly, stands closed. JUDGE Comparing Assistant