Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040003282025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/21/2025 Shreyansh Jain Son of Sanjay Jain, permanent resident of Purani Basti, District Etah, Uttar Pradesh.
VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jumgam Jini, Tao Tarin,Binter Picha,Bamang Tatung,Risso Aking,Gyamar Jeevan,Migo Laye,Taying Nega Advocate for the Respondent : P P of AP,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 25.03.2025
Mr. J. Jini, learned Counsel for the applicant. Also heard Ms. L. Hage, learned Additional Public Prosecutor, Arunachal Pradesh. 2. The present application has been filed praying for modification of the conditions imposed by this Court while extending to the applicant herein, the benefit of Anticipatory Bail vide order dated 13.12.2024 in A.B No. 137/2024. The condition imposed by this Court vide order dated 13.12.2024, being relevant are
Page No.# 2/3 extracted herein below:
“(i) The applicant shall continue to cooperate with the I.O and shall appear before this IO, as and when, called for. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts either to the Police Officer or to the Court; (iii) The applicant shall not leave the jurisdiction of the Chief Judicial Magistrate (CJM), without prior permission from the learned CJM, Yupia, during the investigation period.”
3. The applicant has by way of instituting the present interlocutory application prayed for modification of Condition No: (iii) as incorporated in the order dated
13.12.2024. From the materials brought on record, it is seen that in pursuance to the said order dated 13.12.20204, the applicant herein had submitted an application before the Learned Chief Judicial Magistrate, Yupia, praying from permitting him to leave the jurisdiction of the said Court. The learned Chief Judicial Magistrate, Yupia, vide order dated 15.01.2025 on considering the circumstances involved was pleased to allow the applicant herein to leave the jurisdiction of the Court till 03.03.2025. The applicant was directed to report before the I. O. on
04.03.2025. The learned CJM,Yupia, vide order dated 15.01.2025, had further provided that during the pendency of the investigation if the accused desires to again leave the jurisdiction of the Court after 04.03.2025, an application praying for the same be so filed. 4. The learned counsel for the applicant has submitted that the applicant in the meanwhile was selected for undergoing an internship with a concern named “VITA NOVA” and the said internship had started from 01.03.2025 and is to continue till
30.06.2025.
It is contended that on an account of the fact that the applicant was
Page No.# 3/3 undergoing the said internship programme, which, was projected to be necessary for being successful completion of the course undergone by him, the applicant was not in position to come down and report before the I. O. on 04.03.2025 and consequently, was also not in position to prefer an application before the Court of the learned CJM, Yupia, for permission to leave the jurisdiction of the said Court, after 04.03.2025. This Court had vide order dated 20.03.2025, required the Additional Public Prosecutor, Arunachal Pradesh to receive instructions about the stage of the investigation of the case. Ms. Hage, learned Additional Public Prosecutor, Arunachal Pradesh, has submitted on instructions received from the Investigating Officer, that the investigation was complete and the Charge Sheet would be filed shortly. 5. In view of the above position, this Court is of the view that the Condition No: (iii) as incorporated in the order dated 13.12.2024, would mandate a modification. Accordingly, the applicant herein, is permitted to continue with his internship programme, which is stated to have started on 01.03.2025 and to conclude on
30.06.2025. It is however provided that in the event, in the meanwhile, the Charge Sheet is so filed and summons are issued, the applicant herein, shall honor the same and appear before the competent Court issuing such summons, on the date so fixed. The other conditions i.e. Condition No. : (i) & (ii) imposed vide the
order dated 13.12.2024, shall continue to be applicable and would be required to be complied by the petitioner herein.
6. With the above observations and directions the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant