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2025 DAILYLAW 8405 (GAU)

PABAN MANDAL v. THE STATE OF ASSAM

AB/470/2025 · 2025-03-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010042792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/470/2025 PABAN MANDAL S/O PRADIP MANDAL, R/O- VILL AMARA PATHAR, PO SONAPUR, PS SONAPUR, DIST- KAMRUP M, ASSAM 2: SRI ABHIJIT SARKAR S/O SRI BABULAL SARKAR R/O- VILL AMARA PATHAR PO SONAPUR PS SONAPUR DIST- KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR DEBA SARMAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.03.2025 1. Heard learned counsel Mr. D. Sarmah for the petitioners Paban Mandal and Abhijit Sarkar who have filed this application under Section 482 of the BNSS, 2023 apprehending their arrest in connection with Sonapur P.S. Case No. 217/2024 under Section 191(2)/ 191(3)/ 121(2)/ 132/ 117(2)/ 118(2)/ 324(4)/ 324(5)/ 61(2) of BNS, 2023. 2. The gist of accusation in this case is that on 03.11.2024, one Abdul Kader Sheikh, SI of Police of Sonapur Police Station, had lodged an FIR before the Officer-in-charge of Sonapur Police Station, inter alia, alleging that the accused persons named in the FIR including the present petitioners have illegally prevented the police from performing their duties when they went to Kolongpar switch gate area on getting information of illegal gambling taking place in that area. It is also alleged in the FIR that the mob of about 200 individuals attacked the on duty police personnel. 3. The learned counsel for the petitioners has submitted that the petitioners are cultivators and they went to the place of occurrence only after knowing about the commotion. It is submitted by the learned counsel for the petitioners that the petitioners were merely onlookers and they are ready to cooperate in the investigation. He further submits that, in the meanwhile, some of the co- accused, who are named in the FIR have already been allowed to go on anticipatory bail by order dated 07.02.2025 in AB Case No. 23/2025. Page No.# 3/3 4. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. It appears that the petitioners have appeared before the I.O. and have co-operated with the investigation. Their statements have also been recorded and they have not violated the bail condition. 5. Considering all the aspects, the interim bail granted to the petitioners on 03.03.2025 is hereby made absolute. 6. Send back the Case Diary. 7. The Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant