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2025 DAILYLAW 8800 (GAU)

SHRI BHAGAWATI PRASAD HARLALKA v. THE STATE OF ASSAM

AB/569/2025 · 2025-04-27

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010048912025 2025:GAU-AS:5136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/569/2025 SHRI BHAGAWATI PRASAD HARLALKA S/O LATE GOVERDHAN LAL HARLALKA RESIDENT OF NORTH BONGAIGAON PO BONGAIGAON DISTRICT BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A NATH, MS. R JUGLI,MS M PARBIN,DR ANKIT TODI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 28.04.2025 Heard Mr. A. Nath, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of BNSS, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Garchuk P. S. Case No. 54/2025, registered under Section 318 of BNS read with Sections 63/65/51 of Copy Right Act, 1957 (Amendment 2012). The Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioner, Mr. Nath, that after obtaining the interim pre-arrest bail dated 12.03.2025, the present petitioner appeared before the Investigating Officer (IO) and cooperated in the investigation of the case. Furthermore, the accused/petitioner is ready and willing to cooperate in further investigation of the case if his interim pre-arrest bail is made absolute. In this context, Ms. Das, learned Additional Public Prosecutor, has submitted that the accused/petitioner has already appeared before the IO, cooperated in the investigation of the case and his statement has been recorded under Section 183 of the BNSS. After hearing the submissions of the learned counsels for both sides and considering the materials available in the case diary, as well as the fact that the accused/petitioner has appeared before the IO and cooperated with the investigation, I find it appropriate to extend the privilege of interim pre-arrest bail to the petitioner, Page No.# 3/3 namely Shri Bhagawati Prasad Harlalka and accordingly, the order passed by this Court dated 12.03.2025 is hereby made absolute, with 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