SRI SWAPAN KUMAR MONDAL @ SWAPAN MANDAL, v. THE STATE OF ASSAM
AB/476/2025 · 2025-03-25
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8268 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8268 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010040732025
2025:GAU-AS:3508
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/476/2025 SRI SWAPAN KUMAR MONDAL @ SWAPAN MANDAL, SON OF LATE SUKHAMOY MONDAL, RESIDENT OF WARD NO.13, BONOMALI ROAD, DIST. SRIBHUMI, ASSAM, PIN 788710. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B PURKAYASTHA, MR. S SUTRADHAR Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER 26.03.2025
Heard Mr. S. Sutradhar, learned counsel for the petitioner. Also heard Mr. K. Bhaisya, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of pre-arrest bail to the accused/petitioner, who apprehends arrest in connection with ACB P. S. Case No.103/2024 under Sections 61(2) (a) of BNS read with Section 7(a) of the P.C. Act, 1988. The Case Diary has been received, and I have perused the same. Mr. Sutradhar, learned counsel for the petitioner, has submitted that the petitioner is innocent and he only referred the name of one Sushanta Nath, who was guiding other person in getting MACPS. The petitioner himself applied for MACPS and is presently working as a CRCC. Further, after obtaining interim pre- arrest bail on 03.03.2025, the petitioner appeared before the I.O., co-operated in the investigation, and recorded his statement under Section 161 of the Cr. P.C. He further submits that the petitioner is ready and willing to co-operate with the I.O. in the further investigation of this case, if his interim pre-arrest bail
order is made absolute. In this context, Mr. Bhaisya, learned Additional Public Prosecutor, has submitted that the accused/petitioner is co-operating with the investigation and his statement has already been recorded under Section 161 of the Cr. P.C., the materials available in the Case Diary reveal that the accused/petitioner referred
Page No.# 3/3 the informant to co-accused Sushanta Nath, who was dealing with matters related to MACPS. Considering the submissions of the learned counsels for both sides, the materials available in the Case Diary, and the conduct of the accused/petitioner, I find that custodial interrogation of the accused/petitioner may not be necessary for the purpose of the investigation. Therefore, I deem it appropriate to extend the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the accused/petitioner vide order dated 03.03.2025 is hereby made absolute on the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant