Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9458 (GAU)

SHRI BATUL SINHA @ SHRI SUSHANTA SINHA AND ANR v. THE STATE OF ASSAM

AB/650/2025 · 2025-04-23

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010058442025 2025:GAU-AS:4959 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/650/2025 SHRI BATUL SINHA @ SHRI SUSHANTA SINHA AND ANR S/O SONTOSH SINHA @ SANTU SINHA OF VILL- SINGONI, P.S. SILCHAR, ASSAM. 2: SHRI MONKU SINHA @ MONKUMAR SINHA S/OLT. MONORANJAN SINHA @ LT. MONU SINHA OF VILL-AMBIKAPUR PT.II P.S.SILCHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR B SINHA, MR. H ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24.04.2025 Heard Mr. B. Sinha, learned counsel for the petitioners. Also heard Mr. B. Page No.# 2/3 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 Silchar P.S. Case No. 120/2025, under Sections 126(2)/296/121(2)/221/224/132 of BNS. Case Diary has been received and I have perused the same. It is submitted by Mr. Sinha, learned counsel for the petitioners, that that the present accused/petitioners are innocent and no way involved in the alleged offence, but their name have been mentioned by the co-accused and on the basis of which, the police is searching for them. He further submitted that after obtaining the order of interim pre-arrest bail, the petitioners have already appeared before the I.O. and recorded their statements under Section 161 Cr.P.C. and co-operated with the investigation of the case. They are still ready to co-operate with the I.O. in the further investigation of the case if they are granted with the privilege of pre-arrest bail. Mr. Sharma, learned Additional Public Prosecutor, submitted in this regard that the petitioners had already appeared before the I.O. and co-operated in the investigation of the case. However, as per witnesses, the present petitioners were also involved in the alleged offence. Further he submitted that the medical report of the injured is also not available in the Case Diary. Considering the submissions made by the learned counsels for both sides, Page No.# 3/3 materials available in the Case Diary and the conduct of the accused/petitioners, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioners, namely, (i) Shri Batul Sinha @ Shri Sushanta Sinha & (ii) Shri Monku sinha @ Monkumar Sinha, vide order dated 21.03.2025, is hereby made absolute in 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