Page No.# 1/2 GAHC010061662025 2025:GAU-AS:3371 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./870/2025 MOFIDUL ISLAM S/O OSMAN GONI VILL-CHALAKURA PART-III P.S. CHUNARI DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 25/03/2025 Heard Mr. B Islam, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mofidul Islam, son of Osman Goni, resident of Village-Chalakura Part-III, P.S. Chunari, District- Goalpara, on 20.03.2025, seeking bail in Sapatgram P.S. Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 of BNS read with Section 25(1-A)/27 of Arms Act corresponding to G.R. No. 537/2024, wherein he was arrested on 23.12.2024 and is in custody since then. Page No.# 2/2 3. It is submitted by the petitioner that he is in judicial custody since 23.12.2024. In that regard, the petitioner has also annexed a copy of the forwarding letter issued in his name by the concerned Investigating officer of Sapatgram P.S. Case No. 58/2024 on 23.12.2024. 4. However, on perusal of the records, it is seen that the petitioner was taken into custody on 17.02.2025 and was produced before the learned Magistrate on 18.02.2025 in said Sapatgram P.S. Case No. 58/2024. 5. On being asked to verify from the concerned Police Station, Mr. Sarma, learned Additional Public Prosecutor, Assam on instruction submitted that the petitioner was actually arrested on 17.02.2025 in said Sapatgram P.S. Case No. 58/2024 and was produced before the learned Magistrate on 18.02.2025. 6. From the case records of this bail application, it is seen that the said forwarding report dated 23.12.2024 with regard to the petitioner pertaining to Sapatgram P.S. Case No. 58/2024 has been signed by a counsel certified to be true copy which on verification of the records found to be a fake one. Further, in the cause title of this bail application, the petitioner stated that he was taken into custody on 23.12.2024 in said Sapatgram P.S. Case No. 58/2024 which is incorrect as seen from the case diary and thereby the petitioner has misrepresented before the Court. 7. At this stage, Mr. Islam, learned counsel for the petitioner, on instruction prays for withdrawal of this bail application. 8. Prayer is allowed. 9. Accordingly, this bail application stands dismissed on withdrawal. JUDGE Comparing Assistant