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2025 DAILYLAW 27708 (GAU)

Rubul Borah v. The State of AP

AB/122/2025 · 2025-11-16

Budi Habung

body2025

Judgment text

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Page No.# 1/2 GAHC040015042025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/122/2025 Rubul Borah Son of Late Sivo Borah, resident of Manik Nagar, Lakshminagar, Guwahati, PO and PS Dispur, Kamrup (Metro) District, Assam 781005 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mustafa Maniruzzaman, Parimal Deka,M Ahmed Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.11.2025 None appears for the petitioner even on second call. However, Ms. L. Hage, learned Additional Public Prosecutor, is present on behalf of the State of Arunachal Pradesh. 2. By an order, dated 04.09.2025, the petitioner was granted interim pre- arrest bail subject to the conditions that he shall appear before the I.O. of the case for recording of his statement within 5(five) days and thereafter, as and when called for. 3. Today, when the matter is taken-up, it is submitted by the learned Additional Public Prosecutor, Arunachal Pradesh, that despite several opportunities Page No.# 2/2 granted to the petitioner, he did not appear before the I.O. of the case and got his statement recorded till date as directed by the Court. 4. On 07.11.2025, while extending the interim order, this Court made it clear that if none appears on behalf of the petitioner on the next date, the Court shall consider disposing of the bail application. 5. As noted-above, none has appeared on behalf of the petitioner. 6. The conditions imposed while granting interim protection was necessary for facilitating a fair investigation of the case. The petitioner’s failure to comply with the the conditions clearly shows disregard of the order of this Court. 7. From the above conduct of the petitioner, this Court is of the opinion that he does not entitle the concession of discretionary relief of pre-arrest bail. 8. Under such circumstances, this Court finds no justification to continue the interim anticipatory bail granted earlier to the petitioner, herein. 9. Accordingly, the interim anticipatory bail granted to the petitioner is hereby vacated and the petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands rejected. 10. The investigating officer shall be at liberty to take steps in accordance with law. JUDGE Comparing Assistant