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2025 DAILYLAW 8553 (GAU)

NIKSHAY AGARWAL v. THE STATE OF ASSAM

AB/486/2025 · 2025-03-24

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010044312025 2025:GAU-AS:3365 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/486/2025 NIKSHAY AGARWAL S/O- SURENDRA KUMAR SARAWGI, R/O- AT ROAD, CHHINAPATTY, MAKUM JN, BONGALIGAON, TINSUKIA, ASSAM, PIN- 786170 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS. B SOREN,MS S JAIN,MS M ZOMUANPUII,MR J SINGH,MRS J M KONWAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25.03.2025 Heard Mr. J. Singh, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Duliajan P.S. Case No. 21/2025, under Sections 305(e)/324(5) of BNS, 2023 read with Section 3(2) of Prevention of Damage to Public Property Act, 1984 read with Section 15(2) of the Petroleum and Minerals Pipelines Acquisition of Right of User in Land Amendment Act, 2011. The case was fixed today for production of Case Diary; however, it is submitted by Mr. Das, learned Additional Public Prosecutor, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 24/2025, dated 22.03.2025, and accordingly submitted that the present anticipatory bail application has become infructuous. In this context, Mr. Singh, learned counsel for the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioner has already appeared before the I.O. and his statement his also recorded and hence, prayed for extending the interim pre-arrest bail till his appearance before the learned Court below. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge- Sheet, vide Charge-Sheet No. 24/2025, dated 22.03.2025, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of passing of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law. Page No.# 3/3 Till then, interim protection extended to the accused/petitioner, namely, Nikshay Agarwal, vide order dated 04.03.2025, shall continue. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant