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2025 DAILYLAW 8941 (GAU)

SRI JAYANTA KALITA v. THE STATE OF ASSAM

AB/557/2025 · 2025-05-19

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010050362025 2025:GAU-AS:6332 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/557/2025 SRI JAYANTA KALITA PROPRIETOR OF AXOM AUTO TRADERS, S/O LATE ASWINI KALITA R/O MAA CASTLE PARADISE, 7TH FLOOR, NEAR POST OFFICE, KAHILIPARA, GUWAHATI-78102, P.S.DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR T KALITA, MISS C S MARAK,J DASGUPTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.05.2025 Heard Mr. T. Kalita, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Sri Jayanta Kalita, son of late Aswini Kalita, resident of Maa Castle Paradise, 7th Floor, near Post Office, Kahilipara, Police Station- Dispur, District-Kamrup (Metro), proprietor of Axom Auto Traders has filed this application under Section 482 BNSS, 2023 praying for his pre-arrest bail in Moirabari Police Station Case No. 178/2024 under Sections 61(2)/314(2)/338/336(3)/ 340(2)/3(5) BNS, 2023 read with Section 66(C)/66(D) of the Information Technology Act, corresponding to G.R. No. 1462/2024. 3) The Court while calling for the case diary of said Moirabari P.S. Case No. 178/2024 on 12.03.2025 granted interim bail to the petitioner, named above, which is in force till date, i.e., 20.05.2025. 4) Mr. B. Sarma, learned Additional Public Prosecutor, Assam from the case diary submitted that the petitioner had a transaction pertaining to a car with one of the accused persons of the case and on instruction of the concerned Investigating Officer of said Moirabari P.S. Case No. 178/2024, Mr. Sarma submitted that custodial detention of the petitioner is not warranted for investigation of said Moirabari P.S. Case No. 178/2024. 5) Considering the materials in the case diary and on hearing the parties, the interim bail granted to the petitioner herein, namely, Sri Jayanta Kalita, son of late Aswini Kalita on 12.03.2025 in said Moirabari P.S. Case No. 178/2024 is hereby made absolute, subject to the compliance of the terms and conditions specified in the order dated 12.03.2025, passed earlier in the present proceeding and also on compliance of the conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of Moirabari P.S. Case No. 178/2024 as and when he is required for necessary investigation of said Moirabari P.S. Case; (ii) shall not leave the territorial jurisdiction of the Moirabari police station, without Page No.# 3/3 obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) shall not involve himself in any criminal activities in the future. 6) With the above observations and directions, the prayer for pre arrest bail of the petitioner, named above, in said Moirabari P.S. Case No. 178/2024 stands allowed. 7) Return the case diary herewith. JUDGE Comparing Assistant