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2025 DAILYLAW 4275 (GAU)

Atul Sharma and Anr v. The State of AP

AB/32/2025 · 2025-06-17

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC040003822025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/32/2025 Atul Sharma and Anr Son of Ramesh Chandra Sharma, resident of 224, Bhaley Bhaaj Khan, Sarai Tareen, Sambhal, District Moradabad, Uttar Pradesh 244303 2: Ankit Mishra @ Ankit Mishera Age: Occupation : Son of Ravikant Mishra permanent resident of Myuni PS Sikandarpur Vaishya District Kanshiram Nagar Uttar Pradesh and presently residing at Sishu Apartment SWS Ghoramara Tiniali Bhetapara Opposite Kali Mandir Beltola Guwahati 781028 District Kamrup (Metro) Assa VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Minter Karbak, Geli Taye,Eho Menjo,P Mahanta,A Choudhry,B.K.Mahajan Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG Page No.# 2/3 18.06.2025 Heard Ms. B. Sarma, learned counsel for the accused applicants and also heard Mr. D. Loyi, learned Public Prosecutor for the State of Arunachal Pradesh. 2. This is an application filed by two accused applicants, namely, (1) Shri Atul Sharma & (2) Ankit Mishra @ Ankit Mishera under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail apprehending their arrest in connection with Naharlagun P.S. Case No. 27/2025 under Sections 316(5)351(2)/3(5) of BNS, 2025. 3. The petitioners were granted interim anticipatory bail by this Court on 17.03.2025 with condition that the accused applicants shall appear before the I.O. of the case. In compliance of the said order, both the accused applicants, appeared before the I.O. of the case on 28.05.2025 and 31.05.2025 respectively. On such appearance, they were formally arrested, their statements were recorded, and they were released on execution of bonds as per the interim protection. 4. Mr. D. Loyi, learned Public Prosecutor while referring to the Case Diary submits that the accused applicants are co-operating with the investigation and have appeared before the I.O. of the case, therefore, their custodial interrogation is no longer warranted for the purpose of investigation in the case. 5. Considering that the accused persons have already been arrested and released on the strength of interim anticipatory bail after complying with conditions imposed. In view of the above, the learned counsel for the accused applicants now seeks to make the interim anticipatory bail be Page No.# 3/3 made absolute. 6. The learned Public Prosecutor did not raise serious objection as the accused applicants are co-operating with the I.O. of the case. 7. In light of the above, the interim anticipatory bail granted to the accused applicants on 17.03.2025 is hereby made absolute on the same terms and conditions. The accused applicants are allowed to remain under the earlier bail subject to the condition that the accused applicants shall co-operate and appear before the I.O. of the case as and when required. 8. This bail application be read along with the bail order dated 17.3.2025 9. With the above, this anticipatory bail application stands allowed and disposed of. Return the Case Diary, forthwith. JUDGE Comparing Assistant