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2025 DAILYLAW 9372 (GAU)

MONOWAR HUSSAIN MONDAL @ MONOWAR HUSSAIN AND ANR v. THE STATE OF ASSAM

AB/646/2025 · 2025-04-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010057012025 2025:GAU-AS:4958 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/646/2025 MONOWAR HUSSAIN MONDAL @ MONOWAR HUSSAIN AND ANR S/O LT. MIR HUSSAIN MONDAL @ MIR HUSSAIN VILL- RAMHARIRCHAR PT.II (NAKALIAPARA) P.S. GOALPARA (PANCHARATNA), RPS,DIST. GOALPARA, ASSAM 2: AYNAL HOQUE MONDAL @ AYNAL JODDAR S/O LT. MOKAM ALI MONDAL @ MOKAM JODDAR LVILL-BIRSHING HELENGA CHAR PT.I P.S. GOALPARA (PANCHARATNA) RPS DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. M HOQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24.04.2025 Heard Mr. M. Hoque, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Goalpara River P.S. Case No. 04/2025, under Sections 117(2)/76/126(2)/3(5) of BNS, 2023. The case was fixed today for production of Case Diary; however, it is submitted by Mr. Sharma, learned Additional Public Prosecutor, that the I.O. has already filed charge-sheet, vide Charge-Sheet No. 03/2025, dated 22.04.2025, and accordingly submitted that the present anticipatory bail application has become infructuous. In this context, Mr. Hoque, learned counsel for the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioners have already appeared before the I.O. and their statements under Section 161 Cr.P.C. has already been recorded and hence, prayed for extending the interim pre-arrest bail till their 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- Page No.# 3/3 Sheet No. 03/2025, dated 22.04.2025, the petitioners are hereby directed to appear before the learned Court below within 15 (fifteen) days from the date 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. Till then, interim pre-arrest bail granted to the accused/ petitioners, namely, (i) Monowar Hussain Mondal @ Monowar Hussain & (ii) Aynal Hoque Mondal @ Aynal Joddar, vide order dated 21.03.2025, shall remain extended. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant