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2025 DAILYLAW 9549 (GAU)

TAJUDDIN v. THE STATE OF ASSAM

AB/681/2025 · 2025-04-29

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010060182025 2025:GAU-AS:5282 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/681/2025 TAJUDDIN S/O JONAB ALI, RESIDENT OF VILLAGE PURBA KAMALA TILA, PS PATHARKANDI, PO ERAELIGUL, DIST KARIMGANJ ASSAM 788710 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A K DAS, MS. K L R YANTHAN,MR. S C BISWAS,MS A BORAH,MS. U NANDA,MS. S. CHANDA,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 30.04.2025 Heard Ms. J. Ghosh, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the petitioner in connection with Dhekiajuli P. S. Case No. 45/2025, corresponding to G. R. Case No. 257/25, under Section 303 (2)/3(5) of BNS. The Case Diary has been received and I have perused the same. It is submitted by Ms. Ghosh, learned counsel for the petitioner, that the petitioner is innocent and he is no way connected to the alleged offence. The petitioner was merely a driver, and on the date of the incident, although he was present in the vehicle, he could not appear before the police out of fear, as his two passengers were arrested by the police. However, after obtaining interim pre-arrest bail, he appeared before the I.O. and cooperated in the investigation. He was also granted zimma of his vehicle. The petitioner is ready and willing to cooperate with the I.O. in the further investigation of the case, if his interim pre-arrest bail be made absolute. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, submitted that the accused/petitioner appeared before the IO after obtaining interim pre-arrest bail and cooperated in the investigation. However, as per the Page No.# 3/3 materials available in the case diary, it appears that the accused/petitioner was involved in the alleged theft, though the mobile handsets were recovered by the police during the investigation. After hearing the submissions of the learned counsels for both sides and upon consideration of the materials available in the case diary, I find it appropriate to allow the prayer made by the petitioner/accused. Accordingly, the interim pre-arrest bail granted to the petitioner/accused vide order dated 25.03.2025 is hereby made absolute, on the same terms and conditions In light of the above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant